HOUSE OF REPRESENTATIVES

H.B. NO.

1678

THIRTIETH LEGISLATURE, 2020

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MUSICAL PERFORMANCES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"481B-   Truth in music advertising act; additional remedies. (a) This section shall be known and may be cited as the "Hawaii Truth in Music Advertising Act".

(b) No person shall advertise or conduct a live musical performance or production in the State through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group, unless:

(1) The performing group is the authorized registrant and owner of a federal service mark for the group that is 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 name of the recording group without having abandoned the name or affiliation with the recording group;

(3) The live musical performance or production is identified in all advertising and promotional materials as a salute or tribute to the recording group, and the name of the performing group is not so closely related or similar to the name used by the recording group that the similarity would tend to confuse or mislead the public;

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

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

(c) In civil actions brought to restrain and prevent a violation of this section by the attorney general or the office of consumer protection, the court may include in its orders or judgments and provisions that may be necessary to effect restitution in accordance with section 487-14.

(d) Each performance or production in violation of subsection (b) shall constitute a separate violation.

(e) For purposes of this section:

"Performing group" means a vocal or instrumental group of one or more members that intends to advertise or perform under the name of a recording group or a performer, or a name substantially similar to that of a recording group or performer.

"Recording group" means a vocal or instrumental group of one or more members, of which at least one member has previously released a commercial sound recording under that group's name and at least one member has 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" 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, including phonograph, disc, tape, wire, digital storage, or other medium, in which the sounds are embodied."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2030.


 


 

Report Title:

Truth in Music Advertising Act; Performing Groups; Recording Groups; Restitution

 

Description:

Prohibits a person from advertising or conducting a live musical performance or production through the use of a false, deceptive, or misleading affiliation, connection, or association with a performing group and recording group. Allows a court to grant restitution. Effective 7/1/2030. (HD1)

 

 

 

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