As many of you already know, I am Chairman of the Truth in Music Committee at the Vocal Group Hall of Fame.
We have succeeded in passing a law to help protect you, the consumer, from impostor groups that are trying to pass themselves off as the real thing in live performances. We are passing this law state by state. It insures that, with very few exceptions, a member of the authentic recording group has to be in the group that performs on any given night.
We have now passed this law in 33 states, including all the biggest states and all the most important live performance states! Since we began this movement, we estimate that the business of impostor groups has been curtailed by about 90%.
We ask you all to be diligent and avoid seeing and supporting impostor groups!
Jon "Bowzer" Bauman
PRINTER'S NO. 1218
THE GENERAL ASSEMBLY OF PENNSYLVANIA
No. 929 Session of 2005
INTRODUCED BY ROBBINS, M. WHITE, BOSCOLA, ERICKSON, WOZNIAK,
LEMMOND, PILEGGI, COSTA, RAFFERTY, D. WHITE, KITCHEN,
WASHINGTON AND FONTANA, OCTOBER 13, 2005
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
OCTOBER 13, 2005
Prohibiting the advertising and conducting of certain live
musical performances or productions; providing for
enforcement; and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Truth in
Music Advertising Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Performing group." A vocal or instrumental group seeking to
use the name of another group that has previously released a
commercial sound recording under that name.
"Recording group." 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.
"Sound recording." 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 other phono-record, in which the sounds are embodied.
Section 3. Production.
It shall be unlawful for any person to advertise or conduct a
live musical performance or production in this Commonwealth
through the use of a false, deceptive or misleading affiliation,
connection or association between a performing group and a
recording group. This section does not apply if any of the
(1) 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.
(2) 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.
(3) The live musical performance or production is
identified in all advertising and promotion as a salute or
(4) The advertising does not relate to a live musical
performance or production taking place in this Commonwealth.
(5) The performance or production is expressly
authorized by the recording group.
Section 4. Restraining prohibited acts.
(a) Injunction.--Whenever the Attorney General or a district
attorney has reason to believe that any person is advertising or
conducting or is about to advertise or conduct a live musical
performance or production in violation of section 3 and that
proceedings would be in the public interest, the Attorney
General or district attorney may bring an action in the name of
the Commonwealth against the person to restrain by temporary or
permanent injunction that practice.
(b) Payment of costs and restitution.--Whenever any court
issues a permanent injunction to restrain and prevent violations
of this act as authorized in subsection (a), the court may in
its discretion direct that the defendant restore to any person
in interest any moneys or property, real or personal, which may
have been acquired by means of any violation of this act, under
terms and conditions to be established by the court.
Section 5. Penalty.
A person who violates section 3 is liable to the Commonwealth
for a civil penalty of not less than $5,000 nor more than
$15,000 per violation, which civil penalty shall be in addition
to any other relief which may be granted under section 4. Each
performance or production declared unlawful by section 3 shall
constitute a separate violation.
Section 6. Effective date.
This act shall take effect in 60 days.
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