2015 South Dakota Codified Laws
Title 21 - JUDICIAL REMEDIES
Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity
§ 21-64-5 Cause of action for violation of personality's right of publicity.
21-64-5. Cause of action for violation of personality's right of publicity.
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 § 21-64-2. If the court finds a violation of § 21-64-2, the court may order:
(1) Temporary or permanent injunctive relief;
(2) Damages in the amount of one thousand dollars or the actual damages, including profits derived from the unauthorized use, whichever amount is greater;
(3) In determining a defendant's profits, the plaintiff is required to prove the gross revenue attributable to the unauthorized use, and the defendant is required to prove properly deductible expenses; and
(4) If the court finds that the violation of § 21-64-2 was knowing, willful, or intentional, treble, but not computed on the defendant's profits, or punitive damages, as the plaintiff elects.
Source: SL 2015, ch 126, § 5.
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