South Dakota Codified Laws 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;
Terms Used In South Dakota Codified Laws 21-64-1
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
(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, § 1.