Senate File 2089 - Introduced SENATE FILE 2089 BY DVORSKY A BILL FOR An Act making the advertising and conducting of certain 1 live music performances or productions under specified 2 circumstances an unlawful practice, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5034XS (2) 83 rn/nh

S.F. 2089 Section 1. Section 714.16, subsection 2, Code Supplement 1 2009, is amended by adding the following new paragraph: 2 NEW PARAGRAPH . o. (1) It is an unlawful practice for 3 a person to advertise or conduct a live musical performance 4 or production through the use or representation of a 5 false, deceptive, or misleading affiliation, connection, or 6 association between a performing group and a recording group. 7 Such use or representation of an affiliation, connection, or 8 association shall not be considered an unlawful practice in 9 violation of this paragraph “o” if one or more of the following 10 applies: 11 (a) The performing group is the authorized registrant and 12 owner of a federal service mark for that group registered in 13 the United States patent and trademark office. 14 (b) At least one member of the performing group was a member 15 of the recording group and has a legal right by virtue of use 16 or operation under the recording group name without having 17 abandoned the name or affiliation with the recording group. 18 (c) The live musical performance or production is 19 identified in all advertising and promotion as a salute or 20 tribute. 21 (d) The advertising does not relate to a live musical 22 performance or production taking place in this state. 23 (e) The performance or production is expressly authorized 24 by the recording group. 25 (2) For purposes of this paragraph “o” : 26 (a) “Performing group” means a vocal or instrumental 27 group seeking to use the name of a recording group that has 28 previously released a commercial sound recording under that 29 name. 30 (b) “Recording group” means a vocal or instrumental group at 31 least one of whose members has previously released a commercial 32 sound recording under that group’s name and in which the member 33 or members have a legal right by virtue of use or operation 34 under the group name without having abandoned the name or 35 -1- LSB 5034XS (2) 83 rn/nh 1/ 3

S.F. 2089 affiliation with the group. 1 (c) “Sound recording” means a work that results from the 2 fixation on a material object of a series of musical, spoken, 3 or other sounds regardless of the nature of the material 4 object, such as a disk, tape, or phonographic record, in which 5 the sounds are embodied. 6 EXPLANATION 7 This bill provides that the advertisement or conducting 8 of a live musical performance or production through the 9 use or representation of a false, deceptive, or misleading 10 affiliation, connection, or association between a performing 11 group and a recording group constitutes an unlawful practice 12 pursuant to Code section 714.16. 13 The bill defines a “performing group” as a vocal or 14 instrumental group seeking to use the name of a recording group 15 that has previously released a commercial sound recording, as 16 defined in the bill, under that name. A “recording group” is 17 defined as a vocal or instrumental group at least one of whose 18 members has previously released a commercial sound recording 19 under that group’s name and in which the member or members have 20 a legal right by virtue of use or operation under the group 21 name without having abandoned the name or affiliation with the 22 group. 23 The bill specifies circumstances under which performing 24 group advertisements, performances, or productions involving 25 sound recordings by recording groups will not constitute an 26 unlawful practice. These include when the performing group 27 is the authorized registrant and owner of a federal service 28 mark for that group registered in the United States patent and 29 trademark office, when at least one member of the performing 30 group was a member of the recording group and has a legal right 31 by virtue of use or operation under the group name without 32 having abandoned the name or affiliation with the group, when 33 the live musical performance or production is identified in 34 all advertising and promotion as a salute or tribute, when the 35 -2- LSB 5034XS (2) 83 rn/nh 2/ 3

S.F. 2089 advertising does not relate to a live musical performance or 1 production taking place in Iowa, and when the performance or 2 production is expressly authorized by the recording group. 3 The penalty provisions for unlawful practice violations 4 under Code section 714.16 would be applicable, and include 5 injunctive relief and a civil penalty of up to $40,000 per 6 violation. Additionally, a civil penalty of up to $5,000 for 7 each day of an intentional violation of a restraining order or 8 injunction may be imposed. 9 -3- LSB 5034XS (2) 83 rn/nh 3/ 3