2012 -- S 2644

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LC02119

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY

     Introduced By: Senators McCaffrey, and Miller

     Date Introduced: March 01, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 9-1-28 of the General Laws in Chapter 9-1 entitled "Causes of

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Action" is hereby amended to read as follows:

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     9-1-28. Action for unauthorized use of name, portrait, or picture. – (a) Any person

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whose name, portrait, or picture is used within the state for advertising purposes or for the

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commercial purposes of trade without his or her written consent may bring an action in the

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superior court against the person so using his or her name, portrait, or picture to prevent and

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restrain the use thereof, and may recover damages for any injuries sustained by reason of such

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use. If the defendant shall have knowingly used the person's name, portrait, or picture in such

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manner as is prohibited or unlawful, the court, in its discretion, may award the plaintiff treble the

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amount of the damages sustained by him or her.

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     (b) Nothing in this section shall be so construed as to:

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     (1) Apply to the use of names, portraits, or pictures in political speech or on matters of

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public concern;

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     (2) prevent Prevent any person practicing the profession of photography from exhibiting

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in or about his or her or its establishment specimens of the work of the person or establishment,

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unless the exhibiting of any such specimen is continued after written notice objecting to it has

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been given by the person portrayed; and nothing in this section shall be so construed as to or

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     (3) prevent Prevent any person from using the name, portrait, or picture of any

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manufacturer or dealer in connection with the goods, wares, and merchandise manufactured,

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produced, or dealt in by the manufacturer or dealer which the person has sold or disposed of with

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the name, portrait, or picture used in connection therewith, or from using the name, portrait, or

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picture of any author, composer, or artist in connection with any literary, musical, or artistic

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production of the author, composer, or artist which the person has sold or disposed of with the

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name, portrait, or picture used in connection therewith.

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     SECTION 2. This act shall take effect upon passage.

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LC02119

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY

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     This act would exempt the use of names, portraits, or pictures in political speech or on

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matters of public concern from legal actions based on the unauthorized use of names, portraits, or

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pictures.

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     This act would take effect upon passage.

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LC02119

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