Chapter 366

2012 -- S 2644

Enacted 06/21/12

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY

Introduced By: Senators McCaffrey, and Miller

Date Introduced: March 01, 2012

It is enacted by the General Assembly as follows:

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

Action" is hereby amended to read as follows:

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

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

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

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

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

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

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

amount of the damages sustained by him or her.

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

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

public concern;

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

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

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

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

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

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

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

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

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

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

name, portrait, or picture used in connection therewith.

SECTION 2. This act shall take effect upon passage.

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LC02119

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