21-64-6. Permitted uses of personality's right of publicity.The provisions of this chapter do not apply to the use of a personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gestures, or mannerisms in any:(1)Literary work, theatrical work, musical composition, audio visual work, film, radio, or television program;(2)Material that has political or newsworthy value;(3)Original work of fine art;(4)Promotional material or advertisement, for a news reporting or entertainment medium, that uses all or part of a past edition of the medium's original broadcast and does not convey or suggest that the personality endorses the news reporting or entertainment medium;(5)An advertisement of commercial announcement for a use described in this section; and(6)Any use of a right of publicity before December 31, 2014. Source: SL 2015, ch 126, §6.
South Dakota Legal Code