§ 34.07. Restraining prohibited acts. 1. Whenever the attorney general has reason to believe that any person is advertising, using, advertising the use of or promoting, a live musical performance or production in violation of section 34.05 of this article, and that it would be in the public interest, the attorney general may bring an action in the name of the people of the state of New York against the person to restrain by preliminary or permanent injunction such promotion, advertising or use of the same or substantially similar name of such recording group, live musical performance or production.

Terms Used In N.Y. Arts and Cultural Affairs Law 34.07

  • 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.
  • 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. In addition to any injunctive relief granted pursuant to subdivision one of this section, the court may direct the defendant to disgorge to the recording group or its authorized representative any moneys which may have been acquired by means of any violation of section 34.05 of this article subject to such terms and conditions as the court shall determine to be just.

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