Advertising restrictions
This law says a performing group cannot falsely pretend to be a famous recording group when advertising or putting on a live show in Missouri. There are some exceptions — like if the show is clearly labeled a tribute, if a real member of the original group is performing, or if the original group gave permission. If someone breaks this rule, they can be fined between $5,000 and $15,000 for each show, and the attorney general can take them to court to make them stop.
407.309. Advertising — definitions — to , when — . — 1. As used in this section, the following terms mean:
(1) "", a vocal or instrumental group seeking to use the name of another group that has previously released a commercial under that name;
(2) "", 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 by virtue of use or operation under the group name without having the name or with the group;
(3) "Sound recording", a work that results from the on a 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-, in which the sounds are embodied.
2. It shall be 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 the performing group and the recording group. This section shall not apply if:
(1) The performing group is the authorized and owner of a for that group in the United States Patent and 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 as a salute or tribute;
(4) The advertising does not relate to a live musical performance or production taking place in this state; or
(5) The performance or production is expressly authorized by the recording group.
3. Whenever the attorney general 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 this section and that proceedings would be in the public interest, the attorney general may bring an against the person to restrain by that practice.
4. Whenever any court issues a to restrain and prevent violations of this section as authorized in 3 of this section, the court may direct that the 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 section, under terms and conditions to be established by the court.
5. the of section 407.100 to the contrary, any person who violates this section shall be assessed a civil penalty of not less than five thousand dollars nor more than fifteen thousand dollars per violation, which civil penalty shall be in addition to any other which may be granted under subsection 4 of this section. Each performance or production declared unlawful by this section shall constitute a separate violation.
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Source & history notes
(L. 2007 H.B. 780)
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