To protect both consumers who attend concerts and the bands they love, Senator John Flanagan (2nd Senate District), a member of the Consumer Protection Committee, and Assemblyman Peter M. Rivera (76th Assembly District) announced that the "Truth in Musical Advertising Act" they jointly sponsored is now in effect. The legislation will ensure that live performances are advertised fairly and that concert attendees are protected from paying money to see impostors.
With the growing popularity of nostalgia concerts, there has been a surge in the number of live performers claiming to be a particular band who have no true connection. Performing under the guise of a band such as The Coasters, The Platters or another well-known band, many of these groups have no true right to the name of the original band and are therefore misleading concert attendees. Also, by unfairly profiting from using a band’s name and reputation, they are basically taking money that is intended for the real artist or band.
"Bands deserve the ability to protect their legacy and fans deserve to see the band they are paying money to see," stated Senator Flanagan. "This new law will allow fans to purchase their tickets in good faith and protect them from possible fraud. It will also make sure that the bands who set the stage for the bands of today are allowed to profit from their hard work."
Under the terms of the law, no performing act will be allowed to use the name of the original act or a substantially similar name if they have no true right to use that name. This will allow those who purchase tickets to have faith that the band they are paying to see is the band they remember.
This ban would not apply when at least one member of an act was a member of the recording group and the group has a legal right to use the name; if the act clearly states that they are a tribute band; or if they have a federal service mark for that recording group.
The new law allows the attorney general to bring an action to restrain deceptive advertising. The courts are also able to order that any money received through deceptive advertising be given to the true recording group or its representatives.
Additionally, those who violate this law are liable for a fine of up to five thousand dollars for a first violation but not more than fifteen thousand for subsequent violations.
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