Title 21 — JUDICIAL REMEDIES
76 chapters · 1,083 sections in this title.
SDCL § 21-64-1 Definitions
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Terms used in this chapter mean: (1) "Commercial purpose," the use of an aspect of a personality's right of publicity in connection with a product, merchandise, goods, service, or commercial activity; for advertising or soliciting purchases of a product, merchandise, goods, servi…
SDCL § 21-64-10 Registration prerequisite to recovery by successor in interest
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A successor in interest to the right of publicity of a deceased personality pursuant to this chapter or a licensee thereof may not recover damages or equitable relief for a use prohibited pursuant to this chapter that occurs before the successor in interest registers a claim of r…
SDCL § 21-64-11 Registration of claim of right of publicity by successor in interest--Posting on secretary of state's website
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Any person claiming to be a successor in interest to the right of publicity of a deceased personality pursuant to this chapter or a licensee thereof may register that claim with the secretary of state on a form prescribed by the secretary of state and upon payment of a one hundre…
SDCL § 21-64-12 Exclusive remedy
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The provisions of this chapter constitute the sole and exclusive bases regarding a misappropriation of name, image, or likeness of a personality and the personality's right of publicity, and any remedy for a violation of such rights. Source: SL 2015, ch 126 , § 12.
SDCL § 21-64-2 Use of personality's right of publicity for commercial purpose without consent prohibited
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No person may use any aspect of a personality's right of publicity for a commercial purpose during the personality's lifetime or for seventy years after the death of the personality without the express written consent of the personality, or if the personality is deceased without …
SDCL § 21-64-3 Application of chapter
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The provisions of this chapter apply to a personality who is deceased prior to July 1, 2015. Source: SL 2015, ch 126 , § 3.
SDCL § 21-64-4 Termination of personality's right of publicity
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A personality's right of publicity terminates if the personality is deceased and there is no living next of kin of the personality and the personality has not assigned his or her rights. Source: SL 2015, ch 126 , § 4.
SDCL § 21-64-5 Cause of action for violation of personality's right of publicity
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The personality, or if the personality is deceased, the personality's next of kin or other owner of the right of publicity, has a cause of action for a violation of a personality's right of publicity against the person for any violation of §
SDCL § 21-64-6 Permitted uses of personality's right of publicity
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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 telev…
SDCL § 21-64-7 Permitted use of name to truthfully identify personality as author or performer
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The provisions of this chapter do not apply to the use of a personality's name to truthfully identify the personality as the author of a written work or a performer of a recorded performance if the written work or recorded performance is otherwise rightfully reproduced, exhibited…
SDCL § 21-64-8 Permitted use in connection with broadcast or reporting of event or topic of public interest
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The provisions of this chapter do not apply to the use of a personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism in connection with a broadcast or reporting of an event or a topic of general or public interest including …
SDCL § 21-64-9 Permitted use where commercial value results from formal charges or conviction of crime
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The provisions of this chapter do not apply to a personality whose name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism has commercial value solely because the personality has been formally charged with or convicted of a crime. Source…