21-64-6. Permitted uses of personality's right of publicity.
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, ยง6.
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.