{"data":{"id":"us-sd/sdcl-21-64-5","jurisdiction":"us-sd","citation":"SDCL § 21-64-5","heading":"Cause of action for violation of personality's right of publicity.","body":"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:\n(1) Temporary or permanent injunctive relief;\n(2) Damages in the amount of one thousand dollars or the actual damages, including profits derived from the unauthorized use, whichever amount is greater;\n(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\n(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.","path":["TITLE 21. JUDICIAL REMEDIES","CHAPTER 21-64. UNAUTHORIZED COMMERCIAL USE OF PERSONALITY'S RIGHT OF PUBLICITY"],"source_url":"https://sdlegislature.gov/Statutes/21-64-5","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"a2d1581afad949230fc7295bfb85f97d8d71eed0e0ae418bfcfc22d0f04e7e11","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-21-64-4","next":"us-sd/sdcl-21-64-6"},"notice":"GroundRules: Original legal text. Not legal advice."}