South Dakota Codified Laws > Title 21 > Chapter 64 – Unauthorized Commercial Use of Personality’s Right of Publicity


§ 21-64-1	Definitions
§ 21-64-2	Use of personality’s right of publicity for commercial purpose without consentprohibited
§ 21-64-3	Application of chapter
§ 21-64-4	Termination of personality’s right of publicity
§ 21-64-5	Cause of action for violation of personality’s right of publicity
§ 21-64-6	Permitted uses of personality’s right of publicity
§ 21-64-7	Permitted use of name to truthfully identify personality as author or performer
§ 21-64-8	Permitted use in connection with broadcast or reporting of event or topic of publicinterest
§ 21-64-9	Permitted use where commercial value results from formal charges or conviction ofcrime
§ 21-64-10	Registration prerequisite to recovery by successor in interest
§ 21-64-11	Registration of claim of right of publicity by successor in interest–Posting onsecretary of state’s website
§ 21-64-12	Exclusive remedy

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.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
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.
Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2