GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                    D

SENATE DRS55207-MC-163  (3/12)

Short Title:        Truth in Music Advertising Act.		(Public)
Sponsors:	Senator Weinstein.
Referred to:

A BILL TO BE ENTITLED

AN ACT To prohibit the advertising and conducting of certain live musical performances or productions, to provide for enforcement, and to impose a penalty.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 75 of the General Statutes is amended by adding a new Article to read:

"Article 6.

"Truth in Music Advertising.

"§ 75-125.  Short title and definitions.

(a) Short title. -  This Article may be cited as the Truth in Music Advertising Act.

(b) Definitions. - The following definitions apply in this Article: 

(1) 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.

(2) 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.

(3) 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.

"§ 75-126.  Production.

It shall be unlawful for any person to advertise or conduct a live musical performance or production in this State 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 following apply:

(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 tribute, or the vocal or instrumental group performing is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public.

(4) The advertising does not relate to a live musical performance or production taking place in this State.

(5) The performance or production is expressly authorized by the recording group.

"§ 75-127.  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 G.S. 75-126 and that proceedings would be in the public interest, the Attorney General or district attorney may bring an action in the name of the State 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 Article as authorized in subsection (a) of this section, 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 Article, under terms and conditions to be established by the court.

"§ 75-128.  Penalty.

A person who violates G.S. 75-126 is liable to the State for a civil penalty of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000) per violation, which civil penalty shall be in addition to any other relief which may be granted under G.S. 75-127. Each performance or production declared unlawful by G.S. 75-126 shall constitute a separate violation."

SECTION 2.  This act is effective when it becomes law.