South Dakota § 1-22-16 - Rights to ownership of acquired artwork.

§ 1-22-16. Rights to ownership of acquired artwork.

The state shall receive the rights to sole ownership and public display of all art acquired under §§ 1-22-9 to 1-22-17, inclusive, subject to the following rights retained by the artist:

(1)    The right to claim authorship of the work of art;

(2)    The right to have the artist's name associated with the work;

(3)    The right to prevent degradation, mutilation, or aesthetic ruining of the work;

(4)    The right to reproduce such work of art, including all rights to which the work of art may be subject under copyright laws, including derivative and publishing rights but excluding rights to public display. Such rights may be limited by written consent;

(5)    If provided by written consent, the right to receive a specified percentage of the proceeds if the work of art is subsequently sold by the state to a third party other than as part of a sale of the building in which the work of art is located;

(6)    If provided by written consent, the artist's rights may extend to the artist's heirs, assignees, or personal representative until the end of the twentieth year following the death of such artist.

Source: SL 1989, ch 14, § 8; SL 2009, ch 1, § 119.