Sec. 42-116aa. Performing and recording groups. Deceptive promotion of imposter groups.
Sec. 42-116aa. Performing and recording groups. Deceptive promotion of imposter groups. (a) As used in this section:
(1) "Performing group" means a vocal or instrumental group seeking to use the
name of another vocal or instrumental 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, phonograph record or other media, in which the
sounds are embodied.
(b) No person may 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 subsection shall
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; or
(5) The performance or production is expressly authorized by the recording group.
(c) If the Attorney General has 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 subsection (b) of this section and that action against such person would
be in the public interest, the Attorney General may seek a temporary or permanent
injunction to restrain such advertising or conduct.
(d) If a court issues a permanent injunction pursuant to subsection (c) of this section,
the court may, in its discretion, direct that the person subject to the injunction restore
to any person in interest any moneys or property, real or personal, which may have been
acquired by means of any violation of subsection (b) of this section, subject to the terms
and conditions established by the court.
(e) Any person who violates subsection (b) of this section shall be subject to a civil
penalty of not less than five thousand dollars or more than fifteen thousand dollars per
violation, which shall be in addition to any other relief which may be granted under
subsection (d) of this section. Each performance or production prohibited under subsection (b) of this section shall constitute a separate violation.
(P.A. 06-16, S. 1; P.A. 07-217, S. 160.)
History: P.A. 06-16 effective July 1, 2006; P.A. 07-217 made a technical change in Subsec. (e), effective July 12, 2007.