(1)Definitions. As used in this section,
unless the context otherwise requires:
(a)Performing group means a vocal or instrumental group seeking to use
the name of a recording group.
(b)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 at least one of the members has a legal right by virtue of
use or operation under the group name without having abandoned the name or
affiliation with the group.
(c)Sound recording means a work that results from the fixation, on or in a
recording medium or other material object, of a series of musical, spoken, or other
sounds regardless of the nature of the medium or object, such as a disk, tape, or
other phono record, in
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(1) Definitions. As used in this section,
unless the context otherwise requires:
(a) Performing group means a vocal or instrumental group seeking to use
the name of a recording group.
(b) 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 at least one of the members has a legal right by virtue of
use or operation under the group name without having abandoned the name or
affiliation with the group.
(c) Sound recording means a work that results from the fixation, on or in a
recording medium or other material object, of a series of musical, spoken, or other
sounds regardless of the nature of the medium or object, such as a disk, tape, or
other phono record, in which the sounds are recorded.
(2) Production. (a) Except as otherwise provided in paragraph (b) of this
subsection (2), it is 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.
(b) Paragraph (a) of this subsection (2) does not apply if:
(I) 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;
(II) 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;
(III) The live musical performance or production is identified in all advertising
and promotion as a salute or tribute;
(IV) The advertising does not relate to a live musical performance or
production taking place in this state; or
(V) The performance or production is expressly authorized by the recording
group.
(3) Restraining prohibited acts. In addition to the actions and remedies
specified in part 1 of this article that may apply:
(a) Injunction. Whenever the attorney general or a district attorney has
reason to believe that a person is advertising, conducting, or about to advertise or
conduct a live musical performance or production in violation of this section and
that proceedings would be in the public interest, the attorney general or district
attorney may bring an action in the name of the state against the person to restrain
that practice by temporary or permanent injunction.
(b) Payment of costs and restitution. Whenever a court issues a permanent
injunction to restrain and prevent violations of this section as authorized in
paragraph (a) of this subsection (3), the court may, in its discretion, direct that the
defendant restore to any person in interest any moneys or property, real or
personal, that may have been acquired by means of a violation of this section, under
terms and conditions to be established by the court.
(c) Penalty. A person who violates this section is liable to the state for a civil
penalty of not less than five thousand dollars nor more than fifteen thousand
dollars per violation, which civil penalty shall be in addition to any other relief that
may be granted under this subsection (3) but which shall not be cumulative with the
penalty specified in section 6-1-112. Each performance or production that violates
this section constitutes a separate violation.