Personality's Right of Publicity
Pursuant to SDCL 21-64-2, no person may use any aspect of a personality's right of publicity for a commercial purpose during the personality's lifetime or for seventy years after the death of the personality without the express written consent of the personality, or if the personality is deceased without the express written consent of the personality's next of kin or other person or entity that owns the right of publicity.
The provisions of this chapter apply to a personality who is deceased prior to July 1, 2015 (SDCL 21-64-3).
For specific information regarding definitions, termination of rights, cause of action, permitted uses and exclusive remedy click here.
Registration of claim of right of publicity by successor
Pursuant to 21-64-11, any person claiming to be a successor in interest to the right of publicity of a deceased personality pursuant to this chapter or a licensee thereof may register that claim with the secretary of state on a form prescribed by the secretary of state and upon payment of a one hundred dollar filing fee to the secretary of state.
For registration form, click here.
The table below lists the registration forms currently on file with the Secretary of State.
| Name of Deceased Personality | Name of Claimant | Date Filed |
|---|---|---|
| Russell Charles Means | Pearl Daniel Means | July 21, 2015 |
| Johnny Carson AKA John W. Carson | JWCF, LP, A Delaware Limited Partnership | July 12, 2017 |
| Cecil B. Demille | Motion Picture Associates, LLC | December, 20 2017 |
| Louis Armstrong | The Louis Armstrong Educational Foundation, Inc. | September, 27 2018 |
According to SCDL 21-64-10, a successor in interest to the right of publicity of a deceased personality pursuant to this chapter or a licensee thereof may not recover damages or equitable relief for a use prohibited pursuant to this chapter that occurs before the successor in interest registers a claim of right of publicity pursuant to SDCL 21-64-11.