Minnesota Legislature
HF 1314
1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to commerce; regulating the advertising and conducting of certain
live musical performances or productions; proposing coding for new law in
Minnesota Statutes, chapter 325E.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[325E.49] SHORT TITLE.
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Sections 325E.49 to 325E.492 shall be known and may be cited as the Truth in
Music Advertising Act.
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Sec. 2.
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[325E.491] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Terms. new text end
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For the purpose of section 325E.492, the terms defined
in this section have the meanings given.
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new text begin Subd. 2. new text end
new text begin Performing group. new text end
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"Performing group" means a vocal or instrumental
group seeking to use the name of another group that has previously released a commercial
sound recording under that name.
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new text begin Subd. 3. new text end
new text begin Recording group. new text end
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"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 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.
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new text begin Subd. 4. new text end
new text begin Sound recording. new text end
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"Sound recording" means a work that results from the
fixation on a material object of a series of musical, spoken, or other sounds regardless of
the nature of the material object, such as a disk, tape, or other phono-record, in which
the sounds are embodied.
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Sec. 3.
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[325E.492] PRODUCTION.
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It shall be unlawful for any person to advertise or conduct a live musical performance
or production in this state through the use of a false, deceptive, or misleading affiliation,
connection, or association between a performing group and a recording group. This
section does not apply if any of the following apply:
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(1) the performing group is the authorized registrant and owner of a federal service
mark for that group registered in the United States Patent and Trademark Office;
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(2) 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;
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(3) the live musical performance or production is identified in all advertising and
promotion as a salute or tribute;
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(4) the advertising does not relate to a live musical performance or production
taking place in this state; or
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(5) the performance or production is expressly authorized by the recording group.
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