2015 South Dakota Codified Laws
Title 21 - JUDICIAL REMEDIES
Chapter 64 - Unauthorized Commercial Use Of Personality's Right Of Publicity
§ 21-64-6 Permitted uses of personality's right of publicity.
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, ยง 6.
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