Bills › 88th General Assembly
Relating to the exhibition of music, including the practices of performing rights societies and the advertising, promoting, and conducting of certain live musical performances, and making penalties applicable
Sponsored by the House Judiciary Committee
Topics:Business & economyCourts & civil law
Same legislation: HF 2304
Where it is now
- Done: IntroducedFebruary 10, 2020
- Done: SubcommitteeFebruary 10, 2020
- Done: House committeeFebruary 20, 2020
- Done: Passes the HouseMarch 11, 2020
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary People who organize or advertise live music shows cannot trick the public by pretending a band is connected to a famous recording group when they are not. This rule applies to anyone promoting performances in Iowa using false or misleading names. There are exceptions for tribute shows, authorized performances, or when a former member of the original group is performing.1
Read the official explanation
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.16 (consumer frauds) for a person to advertise or conduct 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. Several types of remedies are available if a court finds that a person has committed an unlawful practice, including injunctive relief, disgorgement of moneys or property, and a civil penalty not to exceed $40,000 per violation.
Changed since by amendment H-8090; see Amendments.
Senate subcommittee
Named March 16, 2020. It hasn’t reported yet.
- Sen. Annette Sweeney REmail
- Sen. Zach Nunn R
- Sen. R. Taylor
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Iowa Code it changes
Lobbying
0 for · 2 against · 2 undecided · Who →
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88th General Assembly