§ 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 commercial purposes 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 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; or
(3) 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.
History of Section.P.L. 1972, ch. 281, § 1; P.L. 2012, ch. 366, § 1; P.L. 2012, ch. 384, § 1.
Structure Rhode Island General Laws
Title 9 - Courts and Civil Procedure – Procedure Generally
Chapter 9-1 - Causes of Action
Section 9-1-1. - Action on promissory note.
Section 9-1-2. - Civil liability for crimes and offenses.
Section 9-1-2.1. - Civil liability for stalking.
Section 9-1-3. - Liability of parents for torts of minors.
Section 9-1-3.1. - Liability of parents and unemancipated minors for torts to each other.
Section 9-1-4. - Statute of frauds.
Section 9-1-5. - Liability of landlord for improvements to real estate by tenant by oral lease.
Section 9-1-6. - Causes and actions surviving death of parties.
Section 9-1-7. - Prosecution and defense of actions by executor or administrator.
Section 9-1-8. - Actual damages only to be granted after death of party.
Section 9-1-9. - Survival of actions for the recovery of possession of land.
Section 9-1-10. - Settlement of real estate title in action involving executor or administrator.
Section 9-1-11. - Survival of claims for damages in laying out of highways.
Section 9-1-12. - When action is commenced for purposes of statute of limitations.
Section 9-1-13. - Limitation of actions generally — Product liability.
Section 9-1-14. - Limitation of actions for words spoken or personal injuries.
Section 9-1-14.1. - Limitation on malpractice actions.
Section 9-1-14.2. - Limitation of “Agent Orange” or phenoxy herbicides actions.
Section 9-1-14.3. - Limitation on legal malpractice actions.
Section 9-1-14.4. - Limitations on home inspector malpractice actions.
Section 9-1-15, 9-1-16. - Repealed.
Section 9-1-17. - Limitation of actions on contracts or liabilities under seal and on judgments.
Section 9-1-18. - Effect of absence from state on limitations.
Section 9-1-19. - Disability postponing running of statute.
Section 9-1-20. - Time of accrual of concealed cause of action.
Section 9-1-21. - Effect of death of party on statute of limitations.
Section 9-1-22. - Extension of time after termination of action.
Section 9-1-23. - Effect of joinder of counts on limitation.
Section 9-1-24. - Special limitations provisions unaffected.
Section 9-1-25. - Time for bringing suit against state, political subdivision, city, or town.
Section 9-1-26. - Liability of hospitals.
Section 9-1-27. - Police and firefighters — Immunity from liability.
Section 9-1-27.1. - Good Samaritan — Immunity from liability.
Section 9-1-27.2. - Court appointed special advocate program — Immunity from liability.
Section 9-1-27.3. - Court appointed law clerk advocate program — Immunity from liability.
Section 9-1-28. - Action for unauthorized use of name, portrait, or picture.
Section 9-1-28.1. - Right to privacy — Action for deprivation of right.
Section 9-1-29. - Constructors of improvements to real property — Immunity from liability.
Section 9-1-31.1. - Members of public bodies — Exemption from liability.
Section 9-1-32. - Effect of alteration of product after sale.
Section 9-1-33. - Insurer’s bad faith refusal to pay a claim made under any insurance policy.
Section 9-1-35. - Civil action for ethnic or religious intimidation and/or vandalism.
Section 9-1-36. - Enumeration of statutes of limitation.
Section 9-1-37. - Enumeration of periods of appeal.
Section 9-1-38. - Limitation of actions for medical expenses incurred by minors.
Section 9-1-39. - Civil action for desecration.
Section 9-1-40. - Civil liability for nonpayment of accident and sickness insurance by employer.
Section 9-1-41. - Loss of consortium — Loss of society and companionship.
Section 9-1-43. - Civil action for childsnatching.
Section 9-1-44. - Civil action for release of names of minors.
Section 9-1-45. - Attorney’s fees in breach of contract actions.
Section 9-1-46. - Affirmative defense of trespasser’s intent to commit a crime.
Section 9-1-47. - Loss of homemaker services.
Section 9-1-48. - Immunity from civil liability — Sports teams.
Section 9-1-49. - Correct corporate name and registered agent — Duty to provide.
Section 9-1-50. - Settled claims not paid within thirty (30) days.
Section 9-1-51. - Limitation on actions based on sexual abuse or exploitation of a child.
Section 9-1-52. - Cause of action for next lowest bidding qualified contractor.
Section 9-1-53. - Misclassification of employees — Civil action.
Section 9-1-54. - Civil action against employer by employee under subpoena.