South Dakota § 21-64-5 Cause of action for violation of personality's right of publicity.

South Dakota Statutes

§ 21-64-5 — Cause of action for violation of personality's right of publicity.

South Dakota·Title 21 JUDICIAL REMEDIES·Ch. 21-64 UNAUTHORIZED COMMERCIAL USE OF PERSONALITY'S RIGHT OF PUBLICITY

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;

(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 kno

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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; (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.

South Dakota § 21-64-5 (Cause of action for violation of personality's right of publicity.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.