H-1406.1          _______________________________________________

 

                                  HOUSE BILL 1844

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Representatives Tate, Heavey, Mielke, Van Luven and Wineberry.

 

Read first time February 12, 1991.  Referred to Committee on Commerce & Labor.Requiring notice to concert ticket buyers of the use of prerecorded vocal tracts.


     AN ACT Relating to concerts; adding a new chapter to Title 19 RCW; and prescribing penalties.

 

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

 

     NEW SECTION.  Sec. 1.      It is unlawful to promote or sell tickets to a concert at which a musical artist or group uses recorded vocal tracks during a live performance, unless it is disclosed prior to the sale of tickets that the recording would or might be used.

 

     NEW SECTION.  Sec. 2.      A ticket agent who sells tickets to a concert at which a musical artist or group uses recorded vocal tracks during a live performance, who did not disclose prior to the sale of tickets that the recording would or might be used, is subject to a fine not to exceed five hundred dollars for each ticket sold.  It is a complete defense to a violation of this section if a ticket agent can demonstrate that the concert promoter has contractually agreed that no recorded vocal tracts will be used during live performances.

 

     NEW SECTION.  Sec. 3.      A concert promoter who authorizes the sale of tickets to a concert at which a musical artist or group uses recorded vocal tracks during a live performance, who did not disclose prior to the sale of tickets that the recorded tracts would or might be used, is subject to a fine not to exceed five thousand dollars for each ticket sold.  It is a compete defense to a violation of this section if a concert promoter can demonstrate that the musical artist or group has contractually agreed that no recorded vocal tracts will be used during live performances.

 

     NEW SECTION.  Sec. 4.      A musical artist or group that has contractually agreed with the concert promoter that no recorded vocal tracts would be used during live performances, but does in fact use recorded vocal tracks during a live performance, is subject to a fine not to exceed fifty thousand dollars for each ticket sold.  It is a complete defense to a violation of this section if all persons purchasing tickets are informed prior to the sale of tickets that the musical artist or group would or might use recorded vocal tracts.

 

     NEW SECTION.  Sec. 5.      A violation of this chapter is a violation of chapter 19.86 RCW and ticket purchasers may proceed under the provision of chapter 19.86 RCW against any person found to be in violation of this chapter.

 

     NEW SECTION.  Sec. 6.      This chapter shall be known as the concert truth in advertising act.

 

     NEW SECTION.  Sec. 7.      Sections 1 through 6 of this act shall constitute a new chapter in Title 19 RCW.