PA 06-16—HB 5801

Judiciary Committee

AN ACT CONCERNING TRUTH IN MUSIC ADVERTISING

SUMMARY: This act prohibits someone from advertising or conducting a live musical performance or production in Connecticut using a false, deceptive, or misleading association between a performing group and a recording group. The prohibition does not apply when:

1. the performing group owns the federal service mark registered with 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 use or operation under the group name without having abandoned it 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 is not for a live musical performance or production in Connecticut, or

5. the recording group expressly authorizes the performance or production.

The act authorizes the attorney general to seek a temporary or permanent injunction to stop advertisements, performances, or productions if he believes (1) a person is or is about to advertise or conduct a live musical performance or production that violates the act's provisions and (2) it is in the public interest. If the court issues a permanent injunction against someone, it can direct him, under terms and conditions it sets, to restore money or property acquired by violating the act's provisions to any interested person.

In addition, the act also subjects violators to a civil penalty of between $5,000 and $15,000 per violation, and each performance or production is a separate violation.

EFFECTIVE DATE: July 1, 2006

DEFINITIONS

The act defines a “performing group” as a vocal or instrumental group seeking to use the name of another group that previously released a commercial sound recording under that name.

A “recording group” is a vocal or instrumental group with at least one member that previously released a commercial sound recording under the group's name and in which the member or members have a legal right from using or operating under the group name without abandoning the group name or affiliation.

A “sound recording” is a work resulting from fixing a series of musical, spoken, or other sounds on a material object, regardless of the nature of the material object in which the sounds are embodied (such as a disk, tape, phonograph record, or other media).

CR: JR: PF: ts