10-1-393.17. Protections for vocal or instrumental rights; unlawful advertisements, performances, or productions.

As used in this part, the term:#

1. (1)

   “Performing group” means a vocal or instrumental act consisting of one or more members that intends to advertise or appear under the name of a recording group or a name substantially similar to a recording group.#

2. (2)

   “Recording group” means a vocal or instrumental act that consists of one or more members of which:#

   1. (A)

      At least one has previously released a sound recording commercially under such act’s name; and#

   2. (B)

      At least one has a legal right to such act’s name by virtue of use or operation under such act’s name without having abandoned such name or affiliation with such act.#

3. (3)

   “Service mark” means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify the services of such person and to distinguish such services from the services of others.#

4. (4)

   “Sound recording” means a work that results from the fixation of a series of musical, spoken, or other sounds, regardless of the nature of the material object, such as a phonograph, disc, tape, wire, digital storage, or other medium in which the sounds are embodied.#

It shall be unlawful for a person to advertise or conduct a vocal or instrumental performance or production in this state by using any false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group without the express authorization of the recording group unless:#

1. (1)

   Such person or performing group is the authorized registrant and owner of a service mark for the recording group that is registered in the United States Patent and Trademark Office;#

2. (2)

   At least one member of the performing group was a member of the recording group and such member of the recording group has a legal right to use or operate under the name of the recording group;#

3. (3)

   The performance or production is identified in all advertising and promotion as a salute or tribute and the name of the performing group is not so closely related or similar to the name used by the recording group that it would tend to confuse or mislead the public; or#

4. (4)

   The advertisement does not relate to a live performance or production taking place in, streamed into, or broadcasted in this state.#

Each advertisement, performance, or production in violation of this Code section shall constitute a separate violation.#