|BILL AS INTRODUCED||2007-2008|
Introduced by Senator Nitka of Windsor District, Senator Campbell of Windsor District, Senator McCormack of Windsor District, Senator Mullin of Rutland District and Senator White of Windham District
Subject: Commerce; musical performances; truth in advertising
Statement of purpose: This bill proposes to prohibit any live musical performances from advertising or performing under the name of a recording group with which there is no affiliation or right to use the name.
AN ACT RELATING TO ADVERTISING AND PRODUCING MUSICAL PERFORMANCES
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 9 V.S.A. chapter 63, subchapter 2A is added to read:
Subchapter 2A. Musical Performances
§ 2479a. TRUTH IN ADVERTISING AND PRODUCING MUSICAL
(a) For the purposes of this section:
(1) “Performing group” means a vocal or instrumental group that uses 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 in which at least one of the members 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 disc, tape, or other phono-recording material on which a series of musical, spoken, or other sounds has been embodied.
(b) No person shall advertise or conduct a live musical performance or production in Vermont through false, deceptive, or misleading affiliation, connection, or association with a performing group or a recording group, except under one or more of the following requirements:
(1) The performing group is the authorized registrant and owner of a federal service mark for the group name registered in the U.S. 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 and has not 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 to the recording group, and the name of the performing group is different from the recording group.
(4) The performance or production is expressly authorized by the recording group.
(c) The attorney general or state’s attorney has the same authority to make rules, conduct civil investigations, and bring civil actions with respect to violations of subsection (b) of this section as provided under subchapter 1 of this chapter. Each performance or production or advertisement found to be a violation of subsection (b) of this section shall constitute a separate violation.
The Vermont General Assembly
115 State Street