
Rhode Island has no common law right of publicity or right to privacy. However, it has two privacy statutes both of which protect against the misappropriation of one’s name or likeness. Thus far, courts have suggested that one protects against commercial misappropriation, and the other against noncommercial misappropriation.
NO
Henry v. Cherry & Webb, 73 A. 97 (R.I. 1909)
NO
Rhode Island has rejected a common law right to privacy.
Henry v. Cherry & Webb, 73 A. 97 (R.I. 1909)
LIKELY NOT
The right to privacy terminates at death. The Rhode Island Supreme Court, however, did not specifically consider an appropriation claim which the Restatement (Second) of Torts suggests may be descendible even though the other privacy torts are not.
Clift v. Narragansett Television L.P., 688 A.2d 805, 814 (R.I. 1996)
The statue exempts:
- uses related to public speech or on matters of public concern
- professional photographers in their establishment unless they receive a written objection by the person portrayed
- resale of items
Rhode Island has held that advertisements for news stories are constitutionally protected from the privacy laws.
Leddy v. Narragansett Television L.P., 843 A.2d 481 (R.I. 2004)
It seems possible given the exclusivity of the privacy-based statutes that rights to one’s name and likeness are not treated as property in the state and are not assignable.