Section 43-43-2 – Products of the mind–Joint ownership.
43-43-2. Products of the mind–Joint ownership. Unless otherwise agreed a product of the mind, in the production of which several persons are jointly concerned, is owned by them as follows: (1)If the product is single, in equal proportions; or (2)If it is not single, in the proportion to the contribution of each. Source: CivC 1877, […]
Section 43-43-3 – Transfer of product of mind by owner.
43-43-3. Transfer of product of mind by owner. The owner of any product of the mind or of any representation or expression thereof may transfer his property in the same. Source: CivC 1877, §572; CL 1887, §3195; RCivC 1903, §888; RC 1919, §486; SDC 1939, §51.0806.
Section 43-43-4 – Publication by owner of product of mind–Reproduction rights.
43-43-4. Publication by owner of product of mind–Reproduction rights. If the owner of a product of the mind intentionally makes it public, a copy or reproduction may be made public by any person without responsibility to the owner so far as the law of this state is concerned. Source: CivC 1877, §573; CL 1887, §3196; […]
Section 43-43-5 – Subsequent inventor, author, or composer–Identical production–Rights of respective owners.
43-43-5. Subsequent inventor, author, or composer–Identical production–Rights of respective owners. If the owner of a product of the mind does not make it public, any other person subsequently and originally producing the same thing has the same right therein as the prior author which right is exclusive to the same extent against all persons except […]
Section 43-43-6 – Private writings–Ownership–Right of publication.
43-43-6. Private writings–Ownership–Right of publication. Letters and other private communications in writing belong to the person to whom they are addressed and delivered; but they cannot be published against the will of the writer except by authority of law. Source: CivC 1877, §575; CL 1887, §3198; RCivC 1903, §891; RC 1919, §489; SDC 1939, §51.0809.
Section 43-43A-1 – Owner defined.
43-43A-1. Owner defined. The term “owner,” as used in this chapter, shall mean any person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master wire, master film, or other device used for reproducing recorded sounds on phonograph records, discs, tapes, wires, films, or other articles on […]
Section 43-43A-2 – Pirating recorded sound or dealing in pirated recordings as felony.
43-43A-2. Pirating recorded sound or dealing in pirated recordings as felony. Except as provided in §43-43A-4, or with the express consent of the owner, it is a Class 6 felony for any person to knowingly: (1)Transfer or cause to be transferred any sounds recorded on a phonograph record, disc, tape, wire, film, or other article […]
Section 43-43A-3 – Sale of recordings without identification of manufacturer and performers as felony.
43-43A-3. Sale of recordings without identification of manufacturer and performers as felony. It is a Class 6 felony for any person to distribute, advertise, circulate, sell, or offer for sale or possess for the purpose of sale, at wholesale or retail, any phonograph record, disc, tape, wire, film, or other article on which sounds have […]
Section 43-43A-4 – Broadcast media, home recording, judicial and administrative proceedings exempt.
43-43A-4. Broadcast media, home recording, judicial and administrative proceedings exempt. The provisions of this chapter shall not apply to: (1)Any person engaged in radio or television broadcasting who transfers, or causes to be transferred any recorded sounds as a part of a radio or television broadcast or for archival preservation; or (2)Any person who transfers […]
Section 43-42-3 – Nonnegotiable contract–Transfer by endorsement.
43-42-3. Nonnegotiable contract–Transfer by endorsement. A nonnegotiable written contract for the payment of money or personal property may be transferred by endorsement in like manner with negotiable instruments. Such endorsement shall transfer all the rights of the assignor under the instrument to the assignee subject to all equities and defenses existing in favor of the […]