Permitted uses of personality's right of publicity

SDCL § 21-64-6 — under UNAUTHORIZED COMMERCIAL USE OF PERSONALITY'S RIGHT OF PUBLICITY.

SDCL § 21-64-6

The provisions of this chapter do not apply to the use of a personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gestures, or mannerisms in any: (1) Literary work, theatrical work, musical composition, audio visual work, film, radio, or television program; (2) Material that has political or newsworthy value; (3) Original work of fine art; (4) Promotional material or advertisement, for a news reporting or entertainment medium, that uses all or part of a past edition of the medium's original broadcast and does not convey or suggest that the personality endorses the news reporting or entertainment medium; (5) An advertisement of commercial announcement for a use described in this section; and (6) Any use of a right of publicity before December 31, 2014. Source: SL 2015, ch 126 , § 6.