§ 24-5-25-4 — Prohibited conduct; exceptions

(a) Except as provided in subsection (b), a
person, other than a media source that carries advertising or a press
release for the performance or production, may not advertise or conduct
a live musical performance or production in Indiana through actions
that falsely, deceptively, or misleadingly imply the existence of an
affiliation, a connection, or an association between a performing group
and a recording group.
(b) This section does not apply if:
(1) the performing group is the authorized registrant and owner of
a federal service mark for the recording group with the same
name registered in the United States Patent and Trademark
Office;
(2) at least one (1) member of the performing group was a
member of the recording group and:
(A) has a legal right by virtue of use or operation under the
group name;
(B) has not abandoned the name; and
(C) has not abandoned 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 Indiana; or
(5) the performance or production is expressly authorized by the
recording group.

Legislative History

As added by P.L.56-2008, SEC.1.