Rhode Island Right of Publicity - Picture and Name Release
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How to fill out Right Of Publicity - Picture And Name Release?
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FAQ
Every person who subjects or causes to be subjected any citizen of this state or other person within the jurisdiction thereof to a deprivation and/or violation of his or her right to privacy shall be liable to the party injured in an action at law, suit in equity, or any other appropriate proceedings for redress in ...
Generally, the right of publicity applies only to the sale of products or services. It does not cover non-commercial uses of a name or image, such as photos or video clips that accompany newspaper articles or newscasts. (Public officials thus may face greater obstacles in establishing misappropriation.)
Twenty-four states?including California, New York, Florida, Hawaii, Nevada and Texas?recognize a post-mortem right of publicity under state common law or statute.
The right of publicity is a matter of state law. Some states, such as California, Florida, Kentucky, Massachusetts, Nebraska, Nevada, New York, Oklahoma, Rhode Island, Tennessee, Texas, Utah, Virginia and Wisconsin have passed statutes regulating these rights.
California has a separate statute protecting posthumous rights of publicity, found at Cal. Civ Code § 3344.1. The right lasts for 70 years after death, and is considered a freely transferable, licensable, descendible property right.
In California, an individual can assign his or her publicity rights to a third party, similar to a property right.
Common Law - Right of Publicity To establish a common law claim a plaintiff must prove: (1) the defendant used the plaintiff's identity; (2) the appropriation was for defendant's advantage, commercially or otherwise; (3) lack of consent; and (4) resulting injury.
It may be descendible However, unlike other forms of intellectual property, the right of publicity is not always "descendible" (that is, it does not always survive the death of the person who owns the right.) For example, a copyright lasts for the life of the author plus fifty years.
In California, an individual can assign his or her publicity rights to a third party, similar to a property right. For example, California allows deceased individuals to transfer their publicity rights ?in whole, or in part, by contract or other means of any trust or other testamentary instrument.? (Section 3344.1(b).)
Rhode Island protects against unauthorized use for advertsing and trade purposes only, while other states might describe "any use" as infringing. Even the use of one's personality without consent can be actionable. Imitators beware! Generally, anyone is entitled to protect their right of publicity.