Senate File 2347 - Introduced SENATE FILE 2347 BY COMMITTEE ON COMMERCE (SUCCESSOR TO SF 2089) A BILL FOR An Act prohibiting the advertising and conducting of certain 1 live music performances or productions under specified 2 circumstances, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5034SV (2) 83 rn/nh

S.F. 2347 Section 1. NEW SECTION . 714.16D Live musical performances 1 —— misrepresentations. 2 1. A person shall not advertise or conduct a live 3 musical performance or production through the intentional 4 use or representation of a false, deceptive, or misleading 5 affiliation, connection, or association between a performing 6 group and a recording group. Such intentional use or 7 representation of an affiliation, connection, or association 8 shall not be considered a violation of this section if one or 9 more of the following applies: 10 a. The performing group is the authorized registrant and 11 owner of a federal service mark for that group registered in 12 the United States patent and trademark office. 13 b. At least one member of the performing group was a member 14 of the recording group and has a legal right by virtue of use 15 or operation under the recording group name without having 16 abandoned the name or affiliation with the recording group. 17 c. The live musical performance or production is identified 18 in all advertising and promotion as a salute or tribute. 19 d. The advertising does not relate to a live musical 20 performance or production taking place in this state. 21 e. The performance or production is expressly authorized by 22 the recording group. 23 2. For purposes of this section: 24 a. “Advertise” or “advertising” means the same as 25 advertisement, as defined in section 714.16, subsection 1, 26 paragraph “a” . 27 b. “Deceptive” , in an action by the attorney general 28 pursuant to this section, means the same as deception, as 29 defined in section 714.16, subsection 1, paragraph “f” , and in 30 a private action pursuant to this section means the same as 31 deception, as defined in section 714H.2, subsection 5. 32 c. “Performing group” means a vocal or instrumental 33 group seeking to use the name of a recording group that has 34 previously released a commercial sound recording under that 35 -1- LSB 5034SV (2) 83 rn/nh 1/ 4

S.F. 2347 name. 1 d. “Person” means the same as defined in section 714.16, 2 subsection 1, paragraph “j” . 3 e. “Recording group” means a vocal or instrumental group at 4 least one of whose members has previously released a commercial 5 sound recording under that group’s name and in which the member 6 or members have a legal right by virtue of use or operation 7 under the group name without having abandoned the name or 8 affiliation with the group. 9 f. “Sound recording” means a work that results from the 10 fixation on a material object of a series of musical, spoken, 11 or other sounds regardless of the nature of the material 12 object, such as a disk, tape, or phonographic record, in which 13 the sounds are embodied. 14 3. A violation of this section is an unlawful practice 15 pursuant to section 714.16 and is a prohibited practice 16 pursuant to chapter 714H. 17 4. The exemptions from liability included in section 18 714.16, subsection 14, and section 714H.4, subsection 1, 19 paragraph “c” , shall apply to an action pursuant to this 20 section. 21 5. The owner of the venue at which a performance in 22 violation of this section occurs is exempt from liability under 23 this section unless the owner of the venue has an ownership 24 interest in or is a member of the performing group which 25 violated this section. 26 EXPLANATION 27 This bill provides that the advertisement or conducting of a 28 live musical performance or production through the intentional 29 use or representation of a false, deceptive, or misleading 30 affiliation, connection, or association between a performing 31 group and a recording group constitutes an unlawful practice 32 pursuant to Code section 714.16. 33 The bill defines a “performing group” as a vocal or 34 instrumental group seeking to use the name of a recording group 35 -2- LSB 5034SV (2) 83 rn/nh 2/ 4

S.F. 2347 that has previously released a commercial sound recording, as 1 defined in the bill, under that name. A “recording group” is 2 defined as a vocal or instrumental group at least one of whose 3 members has previously released a commercial sound recording 4 under that group’s name and in which the member or members have 5 a legal right by virtue of use or operation under the group 6 name without having abandoned the name or affiliation with the 7 group. 8 The bill specifies circumstances under which performing 9 group advertisements, performances, or productions involving 10 sound recordings by recording groups will not constitute an 11 unlawful practice. These include when the performing group 12 is the authorized registrant and owner of a federal service 13 mark for that group registered in the United States patent and 14 trademark office, when at least one member of the performing 15 group was a member of the recording group and has a legal right 16 by virtue of use or operation under the group name without 17 having abandoned the name or affiliation with the group, when 18 the live musical performance or production is identified in 19 all advertising and promotion as a salute or tribute, when the 20 advertising does not relate to a live musical performance or 21 production taking place in Iowa, and when the performance or 22 production is expressly authorized by the recording group. 23 The bill exempts the owner of a venue at which a prohibited 24 performance under the bill takes place from liability unless 25 the owner has an ownership interest in or is a member of the 26 performing group. 27 The penalty provisions for unlawful practice violations 28 under Code section 714.16 would be applicable, and include 29 injunctive relief and a civil penalty of up to $40,000 per 30 violation. Additionally, a civil penalty of up to $5,000 for 31 each day of an intentional violation of a restraining order 32 or injunction may be imposed. Further, the bill specifies 33 that a violation of the bill’s provisions constitutes a 34 prohibited practice pursuant to Code chapter 714H, giving rise 35 -3- LSB 5034SV (2) 83 rn/nh 3/ 4

S.F. 2347 to a private cause of action for damages. The bill makes 1 specified exemptions and exclusions from liability contained 2 in Code section 714.16, subsection 14, and Code section 714H.4 3 applicable to a violation of the bill’s provisions. 4 -4- LSB 5034SV (2) 83 rn/nh 4/ 4