2020 -- H 7445 | |
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LC003749 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- | |
CAUSES OF ACTION | |
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Introduced By: Representative Marvin L. Abney | |
Date Introduced: February 05, 2020 | |
Referred To: House Corporations | |
(by request) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 9-1-28 and 9-1-28.1 of the General Laws in Chapter 9-1 entitled |
2 | "Causes of Action" are hereby amended to read as follows: |
3 | 9-1-28. Action for unauthorized use of name, portrait, or picture. |
4 | (a) Any person whose name, portrait, or picture is used within the state for commercial |
5 | purposes without his or her written consent may bring an action in the superior court against the |
6 | person so using his or her name, portrait, or picture to prevent and restrain the use thereof, and |
7 | may recover damages for any injuries sustained by reason of such use. If the defendant shall have |
8 | knowingly used the person's name, portrait, or picture in such manner as is prohibited or |
9 | unlawful, the court, in its discretion, may award the plaintiff treble the amount of the damages |
10 | sustained by him or her. |
11 | (b) Nothing in this section shall be so construed as to: |
12 | (1) Apply to the use of names, portraits, or pictures in political speech or on matters of |
13 | public concern; |
14 | (2) Prevent any person practicing the profession of photography from exhibiting in or |
15 | about his or her or its establishment specimens of the work of the person or establishment, unless |
16 | the exhibiting of any such specimen is continued after written notice objecting to it has been |
17 | given by the person portrayed; or |
18 | (3) Prevent any person from using the name, portrait, or picture of any manufacturer or |
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1 | dealer in connection with the goods, wares, and merchandise manufactured, produced, or dealt in |
2 | by the manufacturer or dealer which the person has sold or disposed of with the name, portrait, or |
3 | picture used in connection therewith, or from using the name, portrait, or picture of any author, |
4 | composer, or artist in connection with any literary, musical, or artistic production of the author, |
5 | composer, or artist which the person has sold or disposed of with the name, portrait, or picture |
6 | used in connection therewith. ; or |
7 | (4) Apply to an independent third-party contractor, including, but not limited to, a web |
8 | designer, web developer, or a person performing a similar function, pursuant to a contract with a |
9 | business, corporation, partnership, limited liability corporation, or other legal entity, who uses the |
10 | name, portrait or picture of an individual at the request of the contracting party. |
11 | 9-1-28.1. Right to privacy -- Action for deprivation of right. |
12 | (a) Right to privacy created. It is the policy of this state that every person in this state |
13 | shall have a right to privacy which shall be defined to include any of the following rights |
14 | individually: |
15 | (1) The right to be secure from unreasonable intrusion upon one's physical solitude or |
16 | seclusion; |
17 | (i) In order to recover for violation of this right, it must be established that: |
18 | (A) It was an invasion of something that is entitled to be private or would be expected to |
19 | be private; |
20 | (B) The invasion was or is offensive or objectionable to a reasonable man; although, |
21 | (ii) The person who discloses the information need not benefit from the disclosure. |
22 | (2) The right to be secure from an appropriation of one's name or likeness; |
23 | (i) In order to recover for violation of this right, it must be established that: |
24 | (A) The act was done without permission of the claimant; |
25 | (B) The act is of a benefit to someone other than the claimant; |
26 | (ii) It need not be established that there was any publication. |
27 | (3) The right to be secure from unreasonable publicity given to one's private life; |
28 | (i) In order to recover for violation of this right, it must be established that: |
29 | (A) There has been some publication of a private fact; |
30 | (B) The fact which has been made public must be one which would be offensive or |
31 | objectionable to a reasonable man of ordinary sensibilities; |
32 | (ii) The fact which has been disclosed need not be of any benefit to the discloser of the |
33 | fact. |
34 | (4) The right to be secure from publicity that reasonably places another in a false light |
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1 | before the public; |
2 | (i) In order to recover for violation of this right, it must be established that: |
3 | (A) There has been some publication of a false or fictitious fact which implies an |
4 | association which does not exist; |
5 | (B) The association which has been published or implied would be objectionable to the |
6 | ordinary reasonable man under the circumstances; |
7 | (ii) The fact which was disclosed need not be of any benefit to the discloser. |
8 | (b) Right of action. Every person who subjects or causes to be subjected any citizen of |
9 | this state or other person within the jurisdiction thereof to a deprivation and/or violation of his or |
10 | her right to privacy shall be liable to the party injured in an action at law, suit in equity, or any |
11 | other appropriate proceedings for redress in either the superior court or district court of this state. |
12 | The court having jurisdiction of an action brought pursuant to this section may award reasonable |
13 | attorneys' fees and court costs to the prevailing party. |
14 | (c) Right of access. Nothing in this section shall be construed to limit or abridge any |
15 | existing right of access at law or in equity of any party to the records kept by any agency of state |
16 | or municipal government. |
17 | (d) Exemption for independent third-party contractors. The provisions of this section |
18 | shall not apply to an independent third-party contractor, including, but not limited to, a web |
19 | designer, web developer, or a person performing a similar function, pursuant to a contract with a |
20 | business, corporation, partnership, limited liability corporation, or other legal entity, who uses the |
21 | name or likeness of an individual at the request of the contracting party in violation of subsection |
22 | (a)(2) of this section. |
23 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- | |
CAUSES OF ACTION | |
*** | |
1 | This act would exempt independent third-party contractors from liability for the |
2 | unauthorized use of the name, portrait or picture or the right of privacy of an individual from |
3 | appropriation of one's name or likeness pursuant to a contract with a business, corporation, |
4 | partnership or limited liability corporation or other legal entity at the request of the contracting |
5 | party. |
6 | This act would take effect upon passage. |
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