HCS HB 399 -- FALSE OR DECEPTIVE BUSINESS PRACTICES

SPONSOR:  Pratt (Walton)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 12 to 0.

This substitute prohibits any person from advertising or
conducting a live musical performance in Missouri while using a
false, deceptive, or misleading affiliation between the
performing group and the original recording group.  The
substitute does not apply when:

(1)  One member of the performing group was a member of the
original recording group and has a legal right to advertise the
affiliation;

(2)  The performance is identified as a tribute or salute to the
original recording group;

(3)  The advertising does not relate to a performance to be held
in Missouri;

(4)  The performing group has express authorization from the
original recording group to use the affiliation; or

(5)  The performing group is an authorized registrant or owner of
a trademark for the original recording group name.

The Attorney General or prosecuting attorney is authorized to
bring an action for a temporary or permanent injunction against
any person in violation.  Any person found in violation will be
liable to the state for a civil penalty of $5,000 to $15,000 per
violation and may be required to pay restitution to the original
recording artist in an amount equal to the money acquired due to
the false, deceptive, or misleading affiliation between the
performing group and the original recording group.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that the bill protects the integrity
of musical performance groups and prevents music groups from
advertising the group wrongfully as "original."  Cover bands and
tribute groups will advertise musical concerts and shows by such
groups as The Supremes and The Platters as authentic when no
single member was ever a member of the original group.
Currently, 10 states have passed similar protections for
recording acts.  The bill will not affect those persons
advertising as a tribute to the original singer or group.

Testifying for the bill were Representatives Walton and Wood; and
Mary Wilson.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:19 am