2016 Indiana Code TITLE 24. TRADE REGULATION ARTICLE 5. CONSUMER SALES CHAPTER 25. TRUTH IN MUSIC ADVERTISING
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IC 24-5-25
Chapter 25. Truth in Music Advertising
IC 24-5-25-1
"Performing group"
Sec. 1. As used in this chapter, "performing group" means a vocal
or an instrumental group seeking to use the name of another group
that has previously released a commercial sound recording under the
name of the other group.
As added by P.L.56-2008, SEC.1.
IC 24-5-25-2
"Recording group"
Sec. 2. As used in this chapter, "recording group" means a vocal
or an instrumental group, at least one (1) of whose members has
released a commercial sound recording under the group's name, and
in which the member or members:
(1) have a legal right by virtue of use or operation under the
group's name;
(2) have not abandoned the name; and
(3) have not abandoned affiliation with the group.
As added by P.L.56-2008, SEC.1.
IC 24-5-25-3
"Sound recording"
Sec. 3. As used in this chapter, "sound recording" means a work
that results from the placement on a material object of a series of
musical, spoken, or other sounds regardless of the nature of the
material object, such as a compact disc, cassette, tape, or phonograph
record, in which the sounds are placed.
As added by P.L.56-2008, SEC.1.
IC 24-5-25-4
Prohibited conduct; exceptions
Sec. 4. (a) Except as provided in subsection (b), a person, other
than a media source that carries advertising or a press release for the
performance or production, may not advertise or conduct a live
musical performance or production in Indiana through actions that
falsely, deceptively, or misleadingly imply the existence of an
affiliation, a connection, or an association between a performing
group and a recording group.
(b) This section does not apply if:
(1) the performing group is the authorized registrant and owner
of a federal service mark for the recording group with the same
name registered in the United States Patent and Trademark
Office;
(2) at least one (1) member of the performing group was a
member of the recording group and:
Indiana Code 2016
(A) has a legal right by virtue of use or operation under the
group name;
(B) has not abandoned the name; and
(C) has not abandoned 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 Indiana; or
(5) the performance or production is expressly authorized by the
recording group.
As added by P.L.56-2008, SEC.1.
IC 24-5-25-5
Action to enjoin
Sec. 5. The attorney general or any aggrieved person may bring an
action to enjoin a person from violating section 4 of this chapter. If
an injunction is issued, the court may order the defendant to restore
to any person in interest any money or property that was acquired by
means of a violation of this chapter.
As added by P.L.56-2008, SEC.1.
IC 24-5-25-6
Penalties
Sec. 6. A person who violates section 4 of this chapter commits
a Class A infraction. Each performance or production in violation of
section 4 of this chapter constitutes a separate violation.
As added by P.L.56-2008, SEC.1.
Indiana Code 2016
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