H.F. 2304 Section 1. NEW SECTION . 549A.1 Title. 1 This chapter shall be known and may be cited as the “Truth in 2 Music Advertising Act” . 3 Sec. 2. NEW SECTION . 549A.2 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Performing group” means a vocal or instrumental group of 7 one or more individuals that intends to advertise or perform 8 under the name of a recording group or performer or a name 9 substantially similar to a recording group or performer. 10 2. “Recording group” means a vocal or instrumental group 11 of one or more individuals, at least one of whose members has 12 previously released a commercial sound recording under that 13 group’s name, and in which the individual or individuals have 14 a legal right by virtue of use or operation under the group 15 name without having abandoned the name or affiliation with the 16 group. 17 3. “Sound recording” means a work that results from the 18 fixation of a series of musical, spoken, or other sounds, 19 regardless of the nature of the material object, such as a 20 phonograph, disc, tape, wire, digital storage, or other medium 21 in which the sounds are embodied. 22 Sec. 3. NEW SECTION . 549A.3 Production. 23 1. A person shall not advertise or conduct a live musical 24 performance or production in this state through the use of a 25 false, deceptive, or misleading affiliation, connection, or 26 association between a performing group and a recording group. 27 2. This section does not apply if any of the following 28 conditions are met: 29 a. The performing group is the authorized registrant and 30 owner of a federal service mark for the recording group that is 31 registered in the United States patent and trademark office. 32 b. At least one member of the performing group was a member 33 of the recording group, and that member has a legal right to 34 use or operate under the name of the recording group without 35 -1- LSB 5682YH (2) 88 ja/jh 1/ 4

H.F. 2304 having abandoned the name or affiliation with the recording 1 group. 2 c. The live musical performance or production is identified 3 in all advertising and promotion as a salute or tribute. 4 d. The name of the performing group is not so closely 5 related or similar to the name used by the recording group that 6 it would tend to confuse or mislead the public. 7 e. The advertising does not relate to a live musical 8 performance or production taking place in, streamed into, or 9 broadcast into this state. 10 f. The performance or production is expressly authorized by 11 the recording group. 12 Sec. 4. NEW SECTION . 549A.4 Enforcement. 13 1. If the attorney general, a county attorney, district 14 attorney, or any attorney charged with responsibility of 15 prosecution of violation of state laws has reason to believe 16 that a person is advertising or conducting or intends to 17 advertise or conduct a live musical performance or production 18 in violation of section 549A.3, the attorney general, 19 county attorney, district attorney, or attorney charged with 20 responsibility of prosecution of violation of state laws may 21 bring an action in the name of this state against the person to 22 restrain the violation by temporary or permanent injunction. 23 2. A court may make additional orders or judgments as 24 necessary to restore money or other property that may have 25 been lost due to the violation of section 549A.3 when the 26 court issues a permanent injunction to restrain and prevent a 27 violation of section 549A.3. 28 3. In addition to any other penalties provided for in this 29 chapter, a civil penalty of not less than five thousand dollars 30 and not more than fifteen thousand dollars shall be imposed, 31 for each offense, upon a person who violates section 549A.3. 32 Each performance or production constitutes a separate offense. 33 4. Any person who is injured as a result of a person’s 34 violation of section 549A.3 may bring an action for a violation 35 -2- LSB 5682YH (2) 88 ja/jh 2/ 4

H.F. 2304 of section 549A.3. Each performance or production constitutes 1 a separate violation. If a court finds a violation of section 2 549A.3, the court shall award to the injured person treble 3 damages, appropriate equitable relief, costs of the action, and 4 shall award reasonable fees to the injured person’s attorney. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the advertising, promoting, and 9 conducting of certain live musical performances. 10 The bill contains a definitions section, which defines 11 “performing group” as a vocal or instrumental group intending 12 to advertise or perform under the name of, or a name 13 substantially similar to, a recording group or performer. The 14 bill defines “recording group” to mean a vocal or instrumental 15 group, at least one of whose members has previously released 16 a commercial sound recording under that group’s name, and in 17 which the individual or individuals have a legal right by 18 virtue of use or operation under the group name without having 19 abandoned the name or affiliation with the group. Finally, 20 the bill defines “sound recording” as a work that results from 21 the fixation of a series of musical, spoken, or other sounds, 22 regardless of the nature of the material object in which the 23 sounds are embodied. 24 The bill prohibits a person from advertising or conducting a 25 live musical performance or production in this state through 26 the use of a false, deceptive, or misleading affiliation, 27 connection, or association between a performing group and a 28 recording group. 29 There are six exceptions to this prohibition. First, when 30 the performing group is the authorized registrant and owner of 31 a federal service mark for the recording group. Second, when 32 at least one member of the performing group was a member of the 33 recording group, and that member has a legal right to use or 34 operate under the name of the recording group without having 35 -3- LSB 5682YH (2) 88 ja/jh 3/ 4

H.F. 2304 abandoned the name or affiliation with the recording group. 1 Third, when the live performance or production is identified 2 in all advertising as a salute or tribute. Fourth, when the 3 name of the performing group is not so closely related to the 4 name of the recording group that it would tend to confuse the 5 public. Fifth, when the advertising does not relate to a 6 live musical performance taking place in, streamed into, or 7 broadcast into this state. Sixth, when the performance is 8 expressly authorized by the recording group. 9 The bill also provides for civil penalties for the violation 10 of the prohibition on advertising or conducting a live musical 11 performance or production in this state through the use of a 12 false, deceptive, or misleading affiliation, connection, or 13 association between a performing group and a recording group. 14 A court may enter a temporary or permanent injunction to stop 15 such violation. If a court enters a permanent injunction, the 16 court may make additional orders or judgments as necessary to 17 restore money or other property that may have been lost due to 18 the violation. In addition, a civil penalty of not less than 19 $5,000 and not more than $15,000 shall be imposed, for each 20 offense, upon a person who violates such prohibition. Finally, 21 the bill also provides a private cause of action to any person 22 who is injured as a result of a person’s violation of such 23 prohibition. If a court finds a violation of such prohibition, 24 the court shall award to the injured person treble damages, 25 appropriate equitable relief, costs of the action, and shall 26 award reasonable fees to the injured person’s attorney. 27 -4- LSB 5682YH (2) 88 ja/jh 4/ 4