STATE OF NEW JERSEY
212th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION
Sponsored by:
Senator NICHOLAS ASSELTA
District 1 (Cape May, Atlantic and Cumberland)
Senator WILLIAM L. GORMLEY
District 2 (Atlantic)
SYNOPSIS
Provides that advertising or conducting a live musical performance through the use of certain deceptive practices are subject to the consumer fraud act.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning deceptive practices in the advertising or conduction of certain musical performances and supplementing P.L. 1960, c. 39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Performing group" means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.
"Recording group" means 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.
"Sound recording" means 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.
2. It shall be an unlawful practice for any person to advertise or conduct a live musical performance or production through the use of an affiliation, connection or association between the performing group and the recording group unless:
a. The performing group is the authorized registrant and owner of a federal service mark for the group registered in the United States Patent and Trademark Office; or
b. At least one member of the performing group was a member of the recording group and has a legal right by virtue or use of operation under the group name without having abandoned the name of affiliation of the group; or
c. The live musical performance or production is identified in all advertising and promotion as a salute or tribute; or
d. The advertising does not relate to a live musical performance or production taking place in this State; or
e. The performance or production is expressly authorized by the recording group.
3. This act shall take effect immediately.
STATEMENT
This bill makes it a violation of the consumer fraud act for any person to advertise a live musical performance or production through the use of an affiliation, connection or association between the performing group and the recording group, unless, (1) the performing group is the authorized registrant and owner of a federal service mark for that group registered in the U.S. 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; (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.
An "unlawful practice" under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for a second or any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages and the awarding of treble damages and costs to the injured party.