Relating to the advertising, promoting, and conducting of certain live musical performances, and providing civil penalties

This bill relates to the advertising, promoting, and conducting of certain live musical performances. The bill contains a definitions section, which defines “performing group” as a vocal or instrumental group intending to advertise or perform under the name of, or a name substantially similar to, a recording group or performer. The bill defines “recording group” to mean a vocal or instrumental group, at least one of whose members has previously released a commercial sound recording under that group’s name, and in which the individual or individuals have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. Finally, the bill defines “sound recording” as a work that results from the fixation of a series of musical, spoken, or other sounds, regardless of the nature of the material object in which the sounds are embodied. The bill prohibits a person from advertising or conducting a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group. There are six exceptions to this prohibition. First, when the performing group is the authorized registrant and owner of a federal service mark for the recording group. Second, when at least one member of the performing group was a member of the recording group, and that member has a legal right to use or operate under the name of the recording group without having abandoned the name or affiliation with the recording group. Third, when the live performance or production is identified in all advertising as a salute or tribute. Fourth, when the name of the performing group is not so closely related to the name of the recording group that it would tend to confuse the public. Fifth, when the advertising does not relate to a live musical performance taking place in, streamed into, or broadcast into this state. Sixth, when the performance is expressly authorized by the recording group. The bill also provides for civil penalties for the violation of the prohibition on advertising or conducting a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group. A court may enter a temporary or permanent injunction to stop such violation. If a court enters a permanent injunction, the court may make additional orders or judgments as necessary to restore money or other property that may have been lost due to the violation. In addition, a civil penalty of not less than $5,000 and not more than $15,000 shall be imposed, for each offense, upon a person who violates such prohibition. Finally, the bill also provides a private cause of action to any person who is injured as a result of a person’s violation of such prohibition. If a court finds a violation of such prohibition, the court shall award to the injured person treble damages, appropriate equitable relief, costs of the action, and shall award reasonable fees to the injured person’s attorney.