House File 2527 - Reprinted HOUSE FILE 2527 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2304) (As Amended and Passed by the House March 11, 2020 ) A BILL FOR An Act relating to the exhibition of music, including 1 the practices of performing rights societies and the 2 advertising, promoting, and conducting of certain live 3 musical performances, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 2527 (3) 88 ja/jh/md

H.F. 2527 Section 1. Section 549.3, subsection 1, Code 2020, is 1 amended to read as follows: 2 1. A performing rights society shall not enter onto the 3 business premises of a proprietor for the purpose of discussing 4 a contract for the payment of royalties by the proprietor , 5 unless the performing rights society identifies itself to 6 the proprietor and describes to the proprietor the purpose 7 for entering onto the proprietor’s business premises the 8 performing rights society first makes an appointment to meet 9 with the proprietor at the business premises during normal 10 business hours . Upon entering onto the business premises, the 11 performing rights society shall clearly identify itself to 12 the proprietor and describe to the proprietor the purpose for 13 entering onto the business premises. 14 Sec. 2. Section 549.5, Code 2020, is amended to read as 15 follows: 16 549.5 Improper licensing practices. 17 A performing rights society shall not do any of the 18 following: 19 1. A performing rights society shall not collect, Collect 20 or attempt to collect , from a proprietor licensed by that 21 performing rights society, a royalty payment except as provided 22 in a contract executed pursuant to the provisions of this 23 chapter . 24 2. Make a misleading or threatening verbal or written 25 communication to a proprietor in connection with a contract for 26 the payment of royalties or an attempt to collect royalties. 27 3. State or imply in a verbal or written communication with 28 a proprietor that the performing rights society is an agent 29 or representative of a public body, regulatory agency, or law 30 enforcement agency. 31 Sec. 3. Section 549.7, Code 2020, is amended to read as 32 follows: 33 549.7 Remedies —— injunction. 34 A person who suffers a violation of this chapter may bring 35 -1- HF 2527 (3) 88 ja/jh/md 1/ 3

H.F. 2527 an action to recover reasonable attorney fees and the greater 1 of two thousand five hundred dollars or actual damages and 2 reasonable attorney fees and to seek an injunction or any other 3 available remedy . A person who suffers a violation of this 4 chapter may also seek an injunction or any other available 5 remedy. 6 Sec. 4. NEW SECTION . 549A.1 Title. 7 This chapter shall be known and may be cited as the “Truth in 8 Music Advertising Act” . 9 Sec. 5. NEW SECTION . 549A.2 Definitions. 10 As used in this chapter, unless the context otherwise 11 requires: 12 1. “Performing group” means a vocal or instrumental group of 13 one or more individuals that intends to advertise or perform 14 under the name of a recording group or performer or a name 15 substantially similar to a recording group or performer. 16 2. “Recording group” means a vocal or instrumental group 17 of one or more individuals, at least one of whose members has 18 previously released a commercial sound recording under that 19 group’s name, and in which the individual or individuals 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 3. “Sound recording” means a work that results from the 24 fixation of a series of musical, spoken, or other sounds, 25 regardless of the nature of the material object, such as a 26 phonograph, disc, tape, wire, digital storage, or other medium 27 in which the sounds are embodied. 28 Sec. 6. NEW SECTION . 549A.3 Production. 29 1. A person shall not advertise or conduct a live musical 30 performance or production in this state through the use of a 31 false, deceptive, or misleading affiliation, connection, or 32 association between a performing group and a recording group. 33 2. This section does not apply if any of the following 34 conditions are met: 35 -2- HF 2527 (3) 88 ja/jh/md 2/ 3

H.F. 2527 a. The performing group is the authorized registrant and 1 owner of a federal service mark for the recording group that is 2 registered in the United States patent and trademark office. 3 b. At least one member of the performing group was a member 4 of the recording group, and that member has a legal right to 5 use or operate under the name of the recording group without 6 having abandoned the name or affiliation with the recording 7 group. 8 c. The live musical performance or production is identified 9 in all advertising and promotion as a salute or tribute. 10 d. The name of the performing group is not so closely 11 related or similar to the name used by the recording group that 12 it would tend to confuse or mislead the public. 13 e. The advertising does not relate to a live musical 14 performance or production taking place in, streamed into, or 15 broadcast into this state. 16 f. The performance or production is expressly authorized by 17 the recording group. 18 Sec. 7. NEW SECTION . 549A.4 Enforcement. 19 A violation of section 549A.3 is an unlawful practice under 20 section 714.16, and all the remedies and penalties of section 21 714.16 are available for such a violation. 22 -3- HF 2527 (3) 88 ja/jh/md 3/ 3