1. Injunction. Whenever the Attorney General or a district attorney has reason to believe that a person is promoting, advertising or conducting or is preparing to promote, advertise or conduct a live musical performance or production in violation of section 1158 and that proceedings would be in the public interest, the Attorney General or district attorney may bring an action in the name of the State against the person to restrain that practice by temporary or permanent injunction.

[PL 2007, c. 171, §1 (NEW).]

Terms Used In Maine Revised Statutes Title 10 Sec. 1159

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: means any individual, partnership, corporation or association. See Maine Revised Statutes Title 10 Sec. 1157
  • 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 has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. See Maine Revised Statutes Title 10 Sec. 1157
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
2. Payment of costs and restitution. Whenever any court issues a permanent injunction to restrain and prevent violations of this chapter as authorized in subsection 1, the court may in its discretion direct that the defendant restore to the recording group any money or property, real or personal, that has been acquired by means of any violation of this chapter, under terms and conditions to be established by the court.

[PL 2007, c. 171, §1 (NEW).]

SECTION HISTORY

PL 2007, c. 171, §1 (NEW).
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