§ 9-1-28 Action for unauthorized use ofname, portrait, or picture. – Any person whose name, portrait, or picture is used within the state foradvertising purposes or for the purposes of trade without his or her writtenconsent may bring an action in the superior court against the person so usinghis 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. Ifthe defendant shall have knowingly used the person's name, portrait, or picturein such manner as is prohibited or unlawful, the court, in its discretion, mayaward the plaintiff treble the amount of the damages sustained by him or her.Nothing in this section shall be so construed as to prevent any personpracticing the profession of photography from exhibiting in or about his or heror its establishment specimens of the work of the person or establishment,unless the exhibiting of any such specimen is continued after written noticeobjecting to it has been given by the person portrayed; and nothing in thissection shall be so construed as to prevent any person from using the name,portrait, or picture of any manufacturer or dealer in connection with thegoods, wares, and merchandise manufactured, produced, or dealt in by themanufacturer 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 anyliterary, musical, or artistic production of the author, composer, or artistwhich the person has sold or disposed of with the name, portrait, or pictureused in connection therewith.
§ 9-1-28 Action for unauthorized use ofname, portrait, or picture. – Any person whose name, portrait, or picture is used within the state foradvertising purposes or for the purposes of trade without his or her writtenconsent may bring an action in the superior court against the person so usinghis 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. Ifthe defendant shall have knowingly used the person's name, portrait, or picturein such manner as is prohibited or unlawful, the court, in its discretion, mayaward the plaintiff treble the amount of the damages sustained by him or her.Nothing in this section shall be so construed as to prevent any personpracticing the profession of photography from exhibiting in or about his or heror its establishment specimens of the work of the person or establishment,unless the exhibiting of any such specimen is continued after written noticeobjecting to it has been given by the person portrayed; and nothing in thissection shall be so construed as to prevent any person from using the name,portrait, or picture of any manufacturer or dealer in connection with thegoods, wares, and merchandise manufactured, produced, or dealt in by themanufacturer 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 anyliterary, musical, or artistic production of the author, composer, or artistwhich the person has sold or disposed of with the name, portrait, or pictureused in connection therewith.
§ 9-1-28 Action for unauthorized use ofname, portrait, or picture. – Any person whose name, portrait, or picture is used within the state foradvertising purposes or for the purposes of trade without his or her writtenconsent may bring an action in the superior court against the person so usinghis 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. Ifthe defendant shall have knowingly used the person's name, portrait, or picturein such manner as is prohibited or unlawful, the court, in its discretion, mayaward the plaintiff treble the amount of the damages sustained by him or her.Nothing in this section shall be so construed as to prevent any personpracticing the profession of photography from exhibiting in or about his or heror its establishment specimens of the work of the person or establishment,unless the exhibiting of any such specimen is continued after written noticeobjecting to it has been given by the person portrayed; and nothing in thissection shall be so construed as to prevent any person from using the name,portrait, or picture of any manufacturer or dealer in connection with thegoods, wares, and merchandise manufactured, produced, or dealt in by themanufacturer 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 anyliterary, musical, or artistic production of the author, composer, or artistwhich the person has sold or disposed of with the name, portrait, or pictureused in connection therewith.
