(1) A person shall not advertise or conduct a live musical performance or production in this Commonwealth through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group.
(2) This section shall not apply if:
(a) The performing group is the authorized registrant and owner of a federal service mark or trademark for the recording group which is:
1. Registered in the United States; or
2. A licensee of or otherwise authorized to use the mark by such registrant and owner;
(b) At least one (1) member of the performing group was a member of the recording group and that member has a legal right to use or operate under the name of the recording group without having abandoned the name or affiliation with the recording group;
(c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the performing group is not confusingly similar to a recording group; or
(d) The performance or production is expressly authorized by the recording group.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 52, sec. 7, effective July 14, 2022.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 52, sec. 9, provides that the Act, which created KRS § 367.630 to KRS § 367.638 and 365.780 to
365.784, may be cited as the Kentucky True Origin of Digital Goods and Truth in
Musical Advertising Act.