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Code · South Dakota · Title 21 · Chapter 21-64

21-64-6. Permitted uses of personality's right of publicity.

124 words·~1 min read·/sd/title-21/chapter-21-64/21-64-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.
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