SF 2089 (LSB 5034XS (2) 83)

SENATE FILE 2089

BY  DVORSKY

A BILL FOR

An Act making the advertising and conducting of certain live music performances or productions under specified circumstances an unlawful practice, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 714.16, subsection 2, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  o.  (1)  It is an unlawful practice for a person to advertise or conduct a live musical performance or production through the use or representation of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group. Such use or representation of an affiliation, connection, or association shall not be considered an unlawful practice in violation of this paragraph “o” if one or more of the following applies:
   (a)  The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States patent and trademark office.
   (b)  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 recording group name without having abandoned the name or affiliation with the recording group.
   (c)  The live musical performance or production is identified in all advertising and promotion as a salute or tribute.
   (d)  The advertising does not relate to a live musical performance or production taking place in this state.
   (e)  The performance or production is expressly authorized by the recording group.
   (2)  For purposes of this paragraph “o”:
   (a)  “Performing group” means a vocal or instrumental group seeking to use the name of a recording group that has previously released a commercial sound recording under that name.
   (b)  “Recording group” means a vocal or instrumental group at least one of whose members has 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.
   (c)  “Sound recording” means a work that results from the fixation on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a disk, tape, or phonographic record, in which the sounds are embodied.
EXPLANATION
   This bill provides that the advertisement or conducting of a live musical performance or production through the use or representation of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group constitutes an unlawful practice pursuant to Code section 714.16.
   The bill defines a “performing group” as a vocal or instrumental group seeking to use the name of a recording group that has previously released a commercial sound recording, as defined in the bill, under that name. A “recording group” is defined as a vocal or instrumental group at least one of whose members has 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.
   The bill specifies circumstances under which performing group advertisements, performances, or productions involving sound recordings by recording groups will not constitute an unlawful practice. These include when the performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States patent and trademark office, when 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 without having abandoned the name or affiliation with the group, when the live musical performance or production is identified in all advertising and promotion as a salute or tribute, when the advertising does not relate to a live musical performance or production taking place in Iowa, and when the performance or production is expressly authorized by the recording group.
   The penalty provisions for unlawful practice violations under Code section 714.16 would be applicable, and include injunctive relief and a civil penalty of up to $40,000 per violation. Additionally, a civil penalty of up to $5,000 for each day of an intentional violation of a restraining order or injunction may be imposed.