| Passed by the Senate March 6, 2009 YEAS 47 ________________________________________ President of the Senate Passed by the House April 7, 2009 YEAS 97 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5284 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/19/09. Referred to Committee on Labor, Commerce & Consumer Protection.
AN ACT Relating to truth in music advertising; adding a new section to chapter 19.25 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 19.25 RCW
to read as follows:
(1) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "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.
(b) "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.
(c) "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 phonorecord, in which the sounds are embodied.
(2) A person shall not advertise or conduct a live musical
performance or production through the use of a false, deceptive, or
misleading affiliation, connection, or association between a performing
group and a recording group unless any of the following apply:
(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;
(b) At least one member of the performing group was previously 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 of the group;
(c) The live musical performance or production is identified in all
advertising and promotion as a salute or tribute;
(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)(a) A person who violates this section is subject to a civil
penalty not less than five thousand dollars or more than fifteen
thousand dollars per violation. An action for a civil penalty may be
brought by the attorney general or a county or city prosecutor and is
enforceable as a civil judgment.
(b) A person who violates this section is subject to the equitable
remedies described in chapter 19.86 RCW.
(c) Each performance or production declared unlawful under
subsection (2) of this section constitutes a separate violation.
(d) This section does not preclude prosecution of a violation of
this section under any other provision of law.
NEW SECTION. Sec. 2 This act may be known and cited as the truth
in music advertising act.