Sec. 2XX. Performing groups.

305 words·~1 min read·/il/chapter-815/act-505/2xx

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)As used in this Section:

"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.

"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.

"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 disc, tape, or other phono-record, in which the sounds are embodied.

(b)It is an unlawful practice for a 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 the performing group and the recording group. This Section does not apply if:

(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;

(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;

(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 this State; or

(5)the performance or production is expressly authorized by the recording group.