Rhode Island
How Burns v. Associated Press applies in Rhode Island: state-specific rules, key cases, and bar exam notes for Remedies.
In Rhode Island, the principles derived from Burns v. Associated Press underscore the importance of protecting an individual's right to privacy and economic interests against unauthorized commercial use of their likeness or identity. The state emphasizes remedies that are appropriate to ensure just compensation for those harmed by such unauthorized uses.
Rhode Island recognizes the right of publicity, allowing individuals to seek remedies for unauthorized commercial exploitation of their identity under state common law principles of privacy and economic harm.
The court recognized that individuals have a right to control the commercial use of their likeness, reinforcing protections against unauthorized exploitation.
The court held that damages may be awarded for emotional distress resulting from unauthorized use of a person's image in an unflattering context, supporting the notion of personal privacy.
In this case, the court reiterated that commercial exploitation without consent constitutes a violation of privacy rights, therefore entitling parties to damages.
Rhode Island's approach aligns with federal standards in recognizing the right of publicity as both a personal and economic right. However, Rhode Island's common law may provide broader interpretations when compared to the more restrictive federal constitutional interpretations regarding expression and privacy rights.
Questions on the Rhode Island bar exam may include issues concerning the right of publicity, especially in the context of unauthorized commercial use of a person's likeness, as established in Burns v. Associated Press.