RCW 19.25.100
449 words·~2 min read·
/wa/title-19/chapter-19-25/19-25-100·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
[ 2009 c 109 s 1 .]
Notes:
Short title — 2009 c 109: "This act may be known and cited as the truth in music advertising act." [ 2009 c 109 s 2 .]