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;

Terms Used In South Dakota Codified Laws 21-64-5

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(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.