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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
Ronald Wilson Reagan Ronald Reagan Presidential Foundation and Institute May 1, 2019
Nancy Reagan Ronald Reagan Presidential Foundation and Institute May 1, 2019
Barry White Barry White Family Trust January 31, 2020
Kobe B. Bryant Vanessa Bryant, Trustee of Bryant Community Property Trust March 11, 2020
Phyllis McGuire PJM Living Trust February 8, 2021
Evel Knievel K and K Promotions, Inc March 22, 2021
Chick Corea The Corea Family Trust May 10, 2021
Kirk Douglas Anita Resenstein, Fayez Sarofim, Stuart Korshak, James Greenbaum, Arnold Rosenstein December 20, 2021
Jessica Combs Nina Darrington December 20, 2021
Clyde Fessler Jr. Clyde Derek Fessler December 20, 2021
John E. A. Phillips John E. A. Phillips Family, LLC January 24, 2022
MAC Davis Lisa Gerard Davis March 31, 2022
Joseph Campbell Joseph Campbell Foundation May 31, 2023
Burt Bacharach Jane Straus Bacharach a/k/a Jane Hanson Bacharach August 14, 2023
James Timothy McCarver Kathryn McCarver Root November 6, 2023
Ron Popeil Ron's Enterprise, LLC June 14, 2024
Mickey Charles Mantle Mickey Charles Mantle Marital Trust II July 15, 2024
Howard Robard Hughes, Jr. The Howard Hughes Company, LLC July 30, 2024

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.