Bill Text: SC H4119 | 2011-2012 | 119th General Assembly | Amended
Bill Title: Advertisements, Musical performance, sound recording defined
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-06-20 - Act No. 60 [H4119 Detail]
Download: South_Carolina-2011-H4119-Amended.html
AS PASSED BY THE SENATE
May 26, 2011
H. 4119
S. Printed 5/26/11--S.
Read the first time May 11, 2011.
A BILL
TO AMEND SECTION 39-5-38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECEPTIVE OR MISLEADING ADVERTISEMENT OF A LIVE MUSICAL PERFORMANCE, SO AS TO DEFINE A SOUND RECORDING, AND TO PROVIDE CERTAIN EXEMPTIONS, REMEDIES, AND A FINE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 39-5-38 of the 1976 Code, as added by Act 204 of 2004, is amended to read:
"Section 39-5-38. (A) For purposes of this section:
(1) 'performing person or group' means a vocal or instrumental performer seeking to use the name of another person or group that has previously produced or released, or both, a commercial recording; and
(2) 'recording person or group' means a vocal or instrumental performer that has previously produced or released, or both, a commercial recording.; and
(3) 'sound recording' means the fixation of a series of musical, spoken, or other sounds on a material object such as a disk, tape, or other phono-record on which the sounds are embodied.
(B) It is an unlawful trade practice pursuant to Section 39-5-20 to advertise a live musical performance or production in South Carolina through the use of a false, deceptive, or misleading affiliation, connection, or association between the performing person or group with a recording person or group.
(C) The advertisement of a live musical performance does not violate subsection (B) if the:
(1) performing person or at least one member of the performing group was a member of the recording person or group and has a legal right by virtue of use or operation under the group name without having abandoned the name of affiliation with the group;
(2) live musical performance or production is identified as a 'salute' or 'tribute' to, and is otherwise unaffiliated with, the recording person or group;
(3) advertising does not relate to a live musical performance taking place in South Carolina; or
(4) performance is expressly authorized in the advertising by the recording person or group; or
(5) performing group is the authorized registrant and owner of a federal service mark for that group and registered in the United States Patent and Trademark Office.
(D)(1) A court of this State may issue a temporary or permanent injunction for a violation or attempted violation of this chapter where the court believes an injunction would best serve the public interest.
(2) A court that issues a permanent injunction to restrain and prevent a violation of this section may order the enjoined party to restore to its legal owner money or property acquired by the enjoined party through a violation of this section.
(E) A person who violates the provisions of this section is subject to a penalty of at least five thousand dollars and not more than fifteen thousand dollars for each violation.
SECTION 2. This act takes effect upon approval by the Governor.
