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 § 21-64-5

Title 21JUDICIAL REMEDIES

Ch. 21-64UNAUTHORIZED COMMERCIAL USE OF PERSONALITY'S RIGHT OF PUBLICITY

This text of South Dakota § 21-64-5 (Cause of action for violation of personality's right of publicity.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-64-5 (2026).

Text

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.