House File 2527 - Introduced HOUSE FILE 2527 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2304) A BILL FOR An Act relating to the advertising, promoting, and conducting 1 of certain live musical performances, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5682HV (2) 88 ja/jh

H.F. 2527 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 5682HV (2) 88 ja/jh 1/ 3

H.F. 2527 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 A violation of section 549A.3 is an unlawful practice under 14 section 714.16, and all the remedies and penalties of section 15 714.16 are available for such a violation. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to the advertising, promoting, and 20 conducting of certain live musical performances. 21 The bill contains a definitions section, which defines 22 “performing group” as a vocal or instrumental group intending 23 to advertise or perform under the name of, or a name 24 substantially similar to, a recording group or performer. The 25 bill defines “recording group” to mean a vocal or instrumental 26 group, at least one of whose members has previously released 27 a commercial sound recording under that group’s name, and in 28 which the individual or individuals have a legal right by 29 virtue of use or operation under the group name without having 30 abandoned the name or affiliation with the group. Finally, 31 the bill defines “sound recording” as a work that results from 32 the fixation of a series of musical, spoken, or other sounds, 33 regardless of the nature of the material object in which the 34 sounds are embodied. 35 -2- LSB 5682HV (2) 88 ja/jh 2/ 3

H.F. 2527 The bill prohibits a person from advertising or conducting a 1 live musical performance or production in this state through 2 the use of a false, deceptive, or misleading affiliation, 3 connection, or association between a performing group and a 4 recording group. 5 There are six exceptions to this prohibition. First, when 6 the performing group is the authorized registrant and owner of 7 a federal service mark for the recording group. Second, when 8 at least one member of the performing group was a member of the 9 recording group, and that member has a legal right to use or 10 operate under the name of the recording group without having 11 abandoned the name or affiliation with the recording group. 12 Third, when the live performance or production is identified 13 in all advertising as a salute or tribute. Fourth, when the 14 name of the performing group is not so closely related to the 15 name of the recording group that it would tend to confuse the 16 public. Fifth, when the advertising does not relate to a 17 live musical performance taking place in, streamed into, or 18 broadcast into this state. Sixth, when the performance is 19 expressly authorized by the recording group. 20 The bill provides that it is an unlawful practice under Code 21 section 714.16 (consumer frauds) for a person to advertise 22 or conduct a live musical performance or production in this 23 state through the use of a false, deceptive, or misleading 24 affiliation, connection, or association between a performing 25 group and a recording group. Several types of remedies are 26 available if a court finds that a person has committed an 27 unlawful practice, including injunctive relief, disgorgement of 28 moneys or property, and a civil penalty not to exceed $40,000 29 per violation. 30 -3- LSB 5682HV (2) 88 ja/jh 3/ 3