§ 51:3241 — Advertising, promoting, and conducting certain live music performances; penalties

§3241. Advertising, promoting, and conducting certain live music performances; penalties
A. As used in this Section, the following words and phrases shall have the following
meanings:
(1) "Performing group" means a vocal or instrumental group of one or more
members that intends to advertise or perform under the name of a recording group or a name
so similar to the name used by a recording group as to cause confusion among members of
the public.
(2) "Recording group" means a vocal or instrumental group of one or more members,
with at least one of the members having previously released a commercial sound recording
under the group's name and the legal rights to the recording have not been abandoned.
(3) "Sound recording" means a work that results from the fixation of a series of
musical, spoken, or other sounds, regardless of the nature of the material object, such as
phonograph, disc, tape, wire, digital storage, or other medium, in which the sounds are
embodied.
B. No person shall knowingly 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 the performing group and a recording group.
C. The provisions of this Section shall not apply if any of the following occurs:
(1) The performing group is the authorized registrant and owner of a federal service
mark or trademark for the recording group that is registered in the United States, or is a
licensee of or otherwise authorized to use the service mark or trademark by such registrant
and owner.
(2) At least one member of the performing group was a member of the recording
group and that member has a legal right to use or operate under the name of the recording
group without having abandoned the name or affiliation with the recording group.
(3) The live musical performance or production is identified in all advertising and
promotion as a salute or tribute, and the name of the performing group is not so similar to
the name used by the recording group as to cause confusion among members of the public.
(4) The performance or production is expressly authorized by the recording group.
D.(1) The attorney general or a district attorney of this state may bring an action on
behalf of the state, for a permanent or temporary injunction, against a person advertising or
conducting, or a person who intends to advertise or conduct, a live musical performance or
production in violation of Subsection B of this Section.
(2) In connection with the permanent injunction issued pursuant to this Subsection,
the court shall order a person who violates the provisions of this Section to restore actual
damages and property that may have been acquired as a result of a violation of this Section.
E.(1) A person who violates Subsection B of this Section shall be liable to the state
for a civil penalty of not less than five thousand dollars and not more than fifteen thousand
dollars for each violation. Each performance or production in violation of Subsection B of
this Section shall constitute a separate violation.
(2) The civil penalties provided in this Section are in addition to any injunctive relief
or any other remedy that may be available.
F. Any party, assignee, authorized agent, or licensee who is injured as a result of a
person's violation of the provisions of Subsection B of this Section of that party may bring
a civil action for damages, reasonable attorney fees, and court costs. Each performance or
production in violation of Subsection B of this Section shall constitute a separate violation.
G. This Section shall not apply to a legislatively created tourist commission,
convention facility, or destination marketing organization.

Legislative History

Acts 2022, No. 311, §1.