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:
Terms Used In Indiana Code 24-5-25-4
- 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. See Indiana Code 24-5-25-1
- 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:
Indiana Code 24-5-25-2
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(2) at least one (1) member of the performing group was a member of the recording group and:
(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.
