Chapter 242

2008 -- H 7241

Enacted 07/03/08

 

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- MUSICAL ADVERTISING

         

     Introduced By: Representatives Petrarca, Singleton, Silva, Lima, and Shanley

     Date Introduced: January 24, 2008

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Title 5 of the General Laws entitled "Businesses and Professions" is hereby

amended by adding thereto the following chapter:

 

CHAPTER 81

TRUTH IN MUSIC ADVERTISING ACT

 

     5-81-1. Short title. – This act shall be known and may be cited as the "Truth in Music

Advertising Act."

 

     5-81-2. Definitions. – The following words and phrases when used in this act shall have

the meanings given to them in this chapter unless the context clearly indicates otherwise:

     (1) "Performing group" means a vocal or instrumental group seeking to use the name of

another group that has previously released a commercial sound recording under that name.

     (2) "Recording group" means 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 member or members have a legal right by virtue of use or operation under the group

name without having abandoned the name or affiliation with the group.

     (3) "Sound recording" means a work that results from the fixation on a material object of

a series of musical, spoken or other sounds regardless of the nature of the material object, such as

a disk, tape or other phono-record, in which the sounds are embodied.

 

     5-81-3. Production. – It shall be unlawful for any 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. This

section does not apply if any of the following apply:

     (1) The performing group is the authorized registrant and owner of a federal service mark

for that group registered in the United States Patent and Trademark Office.

     (2) At least one member of the performing group was a member of the recording group

and has a legal right by virtue of use or operation under the group name without having

abandoned the name or affiliation with the group.

     (3) The live musical performance or production is identified in all advertising and

promotion as a salute or tribute.

     (4) The advertising does not relate to a live musical performance or production taking

place in this state.

     (5) The performance or production is expressly authorized by the recording group.

 

     5-81-4. Restraining prohibited acts -- Injunction. – Whenever the attorney general has

a reason to believe that any person is advertising or conducting or is about to advertise or conduct

a live musical performance or production in violation of section 5-81-3 and that proceedings

would be in the public interest, the attorney general may bring an action against the person to

restrain, by temporary or permanent injunction, that practice.

 

     5-81-5. Payment of costs and restitution. – Whenever any court issues a permanent

injunction to restrain and prevent violations of this act as authorized in section 5-81-4, the court

may in its discretion direct that the defendant restore to any person in interest any moneys or

property real or personal, which may have been acquired by means of any violation of this act,

under terms and conditions to be established by the court.

 

     5-81-6. Penalty. – Any person who violates the provisions of section 5-81-3 is liable to

the state for a civil penalty of not less than five thousand dollars ($5,000) nor more than fifteen

thousand dollars ($15,000) per violation, which civil penalty shall be in addition to any other

relief which may be granted under sections 5-81-4 and 5-81-5. Each performance or production

declared unlawful by section 5-81-3 shall constitute a separate violation.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC00564

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