MyLRC +
Codified Laws
43-43 PRODUCTS OF THE MIND
CHAPTER 43-43

PRODUCTS OF THE MIND

43-43-1      Products of the mind--Exclusive ownership of author.
43-43-2      Products of the mind--Joint ownership.
43-43-3      Transfer of product of mind by owner.
43-43-4      Publication by owner of product of mind--Reproduction rights.
43-43-5      Subsequent inventor, author, or composer--Identical production--Rights of respective owners.
43-43-6      Private writings--Ownership--Right of publication.



43-43-1Products of the mind--Exclusive ownership of author.

The author of any product of the mind, whether it is an invention or a composition in letters or arts or a design with or without delineation or other graphical representation, has an exclusive ownership therein and in the representation or expression thereof which continues so long as the product and the representations or expressions thereof made by him remain in his possession.

Source: CivC 1877, § 570; CL 1887, § 3193; RCivC 1903, § 886; RC 1919, § 484; SDC 1939, § 51.0804.



43-43-2Products 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, § 571; CL 1887, § 3194; RCivC 1903, § 887; RC 1919, § 485; SDC 1939, § 51.0805.



43-43-3Transfer 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.



43-43-4Publication 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; RCivC 1903, § 889; RC 1919, § 487; SDC 1939, § 51.0807.



43-43-5Subsequent 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 the prior author or those claiming under him.

Source: CivC 1877, § 574; CL 1887, § 3197; RCivC 1903, § 890; RC 1919, § 488; SDC 1939, § 51.0808.



43-43-6Private 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.