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Can I use a celebrity's name or image to promote my product in South Dakota? What are the requirements?
Use of Celebrity Name or Image to Promote Product in South Dakota
In South Dakota, the use of a celebrity’s name or image to promote a product is governed by the right of publicity law. The right of publicity law protects an individual’s right to control the commercial use of their name, image, likeness, or other recognizable aspects of their persona [10].
To use a celebrity’s name or image to promote a product in South Dakota, you must obtain their consent. Without their consent, using a celebrity’s name or image for commercial purposes could result in a lawsuit for misappropriation of their right of publicity [10].
It is important to note that even if a celebrity has passed away, their right of publicity may still be protected in South Dakota. The right of publicity can be inherited by the celebrity’s heirs or estate [10].
Therefore, to use a celebrity’s name or image to promote a product in South Dakota, you must obtain their consent or the consent of their heirs or estate if they have passed away. Failure to do so could result in legal consequences.
Requirements for Obtaining Consent
To obtain a celebrity’s consent to use their name or image for commercial purposes, you may need to negotiate a licensing agreement with them or their representatives. The licensing agreement should outline the terms and conditions of the use of their name or image, including the duration, scope, and compensation for the use [10].
It is important to note that the requirements for obtaining consent may vary depending on the specific circumstances of the use. For example, using a celebrity’s name or image in a news article or for non-commercial purposes may not require their consent [10].
Conclusion
In summary, to use a celebrity’s name or image to promote a product in South Dakota, you must obtain their consent or the consent of their heirs or estate if they have passed away. The requirements for obtaining consent may vary depending on the specific circumstances of the use. It is important to consult with legal counsel to ensure compliance with the right of publicity law in South Dakota [10].
Source(s):
Jurisdiction
South Dakota