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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