§ 34.05. Production. 1. No performing group shall use, advertise or promote a live musical performance or production through the use of a false, deceptive or misleading affiliation, connection or association between a recording group and a performing group where such performing group is seeking to use the same or a substantially similar name as such recording group.

Terms Used In N.Y. Arts and Cultural Affairs Law 34.05

  • Performing group: means any vocal or instrumental group seeking to use, using, advertising the use of, or promoting the name of a recording group that has previously released a commercial sound recording under the name of such recording group. See N.Y. Arts and Cultural Affairs Law 34.03
  • Recording group: means any 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 such 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. See N.Y. Arts and Cultural Affairs Law 34.03

2. The provisions of subdivision one of this section shall not apply if:

(a) the performing group is the authorized registrant and owner of a federal service mark for that recording group registered in the United States Patent and Trademark Office;

(b) 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;

(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 by the performing group with the same or substantially similar name of a specific recording group is expressly authorized by that recording group.

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