21-64-11. Registration of claim of right of publicity by successor in interest--Posting on secretary of state's website.
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 hundred dollar filing fee to the secretary of state. The form shall be verified and shall include the name and date of death of the deceased personality, the name and address of the claimant, the basis of the claim, and the rights claimed.
Upon receipt and after filing of any document pursuant to this section, the secretary of state shall post the document along with the entire registry of persons claiming to be a successor in interest to the right of publicity of a deceased personality or a registered licensee pursuant to this section on the secretary of state's website.
The secretary of state may microfilm or reproduce by other technique, any filing or document filed pursuant to this section and may then destroy the original filing or document. The secretary of state may destroy the microfilm or other reproduction of the filing or document seventy years after the death of the personality named therein.
A claim registered pursuant to this section is a public record.
Source: SL 2015, ch 126, ยง11.
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.