Minnesota Session Laws - 2008, Regular Session

CHAPTER 191--H.F.No. 1314

An act

relating to commerce; regulating the advertising and conducting of certain live musical performances or productions;

proposing coding for new law in Minnesota Statutes, chapter 325E.

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

Section 1.

new text begin [325E.491] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Terms. new text end

new text begin For the purpose of section 325E.492, the terms defined in this section have the meanings given. new text end

new text begin Subd. 2. new text end

new text begin Performing group. new text end

new text begin "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. new text end

new text begin Subd. 3. new text end

new text begin Recording group. new text end

new text begin "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. new text end

new text begin Subd. 4. new text end

new text begin Sound recording. new text end

new text begin "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. new text end

Sec. 2.

new text begin [325E.492] PRODUCTION. new text end

new text begin It shall be unlawful 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 a performing group and a recording group. This section does not apply if any of the following apply: new text end

new text begin (1) 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; new text end

new text begin (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; new text end

new text begin (3) the live musical performance or production is identified in all advertising and promotion as a salute or tribute; new text end

new text begin (4) the advertising does not relate to a live musical performance or production taking place in this state; or new text end

new text begin (5) the performance or production is expressly authorized by the recording group. new text end

Presented to the governor April 14, 2008

Signed by the governor April 17, 2008, 8:15 a.m.