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F I S C A L I M P A C T R E P O R T

SPONSOR Powdrell-Culbert

ORIGINAL DATE

LAST UPDATED

2/15/07

HB 857

SHORT TITLE Truth in Music Advertising Act

SB

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Administrative Office of the District Attorneys (AODA)

SUMMARY

Synopsis of Bill

House Bill 857 enacts the “Truth in Music Advertising Act" which generally prohibits a vocal or

instrumental group (“performing group") which is seeking to use the name of another group that

has previously released a commercial sound recording under that name (“recording group") from

advertising or conducting 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 recording group.

Exceptions to that prohibition include: the performing group is the authorized registrant and

owner of a federal service mark for that group registered in the United States patent and

trademark office; 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; the live musical performance or production is

identified in all advertising and promotion as a salute or tribute; the advertising does not relate

to a live musical performance or production taking place in this state; or the performance or

production is expressly authorized by the recording group.

House Bill 857 – Page

2

The bill allows the Attorney General or district attorney to bring an action for injunctive relief in

the name of the state against a person violating the provisions of the new act. The bill appears to

allow the court in such action to award damages, which are described as a direction that the

defendant restore to a person in interest any money or property, real or personal, that may have

been acquired by means of a violation of the act.

The bill would also provide for civil penalties for violation of the act.

SIGNIFICANT ISSUES

This bill, offers the Attorney General, is being promoted by the Vocal Group Hall of Fame in

order to protect artists from identity theft and consumers from imposter groups that illegally use

the name of legendary groups and artists. It has been enacted into law in five states, and has been

introduced in several others.

http://www.vocalhalloffame.com/truth.htm

.

According to the Associated Press, “there are hundreds of bands touring the country these days

claiming to be The Platters, the Drifters, the Coasters or some other group from the '50s and '60s,

according to the Vocal Group Hall of Fame in Sharon, Pa."

http://www.vocalhalloffame.com/article6.htm

.

PERFORMANCE IMPLICATIONS

The bill would require the Attorney General, or district attorney, to bring actions to enjoin the

practices it prohibits.

EO/csd