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

SD Codified L § 21-64-6 (2019) (N/A)
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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, § 6.