21-64-1. Definitions.
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, service, or for promoting a commercial activity; or for the purpose of fund-raising;
(2)"Personality," a living or deceased natural person who is a citizen of this state, or who died domiciled in this state whose name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism identifies a specific person and has commercial value, whether or not the person uses or authorizes the use of the person's rights of publicity for a commercial purpose that serves to identify a specific person;
(3)"Right of publicity," a personality's property interest in the personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism.
Source: SL 2015, ch 126, ยง1.
Structure South Dakota Codified Laws
Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity
Section 21-64-1 - Definitions.
Section 21-64-3 - Application of chapter.
Section 21-64-4 - Termination of personality's right of publicity.
Section 21-64-5 - Cause of action for violation of personality's right of publicity.
Section 21-64-6 - Permitted uses of personality's right of publicity.
Section 21-64-7 - Permitted use of name to truthfully identify personality as author or performer.
Section 21-64-10 - Registration prerequisite to recovery by successor in interest.