[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 11-20-2007 by L.L. No. 33-2007 (Ch. 365, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that many musicians
play concerts in Suffolk County under the name of well-known and popular
recording acts, even though these musicians have no real connection
to the groups that made these group names famous.
B.
This Legislature also determines that fans that attend these concerts
are often unaware that the musical acts they have come to see are
not, in fact, performing; quite often, there are no original members
of the recording act that made the group name famous present at these
concerts.
C.
This Legislature also finds and determines that concerts by groups
posing as well-known recording acts deceives Suffolk County consumers
and harms the musicians who made the group name famous in the first
place.
D.
Therefore, the purpose of this article is to enact protections to
ensure that Suffolk County residents are not deceived or misled about
the identity of the musical acts they pay to see at concerts and performances
within the County.
As used in this article, the following terms shall have the
meanings indicated:
A vocal or instrumental group seeking to use the name of
another group that has previously released a commercial sound recording
under that name.
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.
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 phonorecord,
in which the sounds are embodied.
It shall be an unlawful practice for any person to advertise
or conduct a live musical performance or production in the County
of Suffolk through the use of an affiliation, connection or association
between the performing group and the recording group unless:
A.
The performing group is the authorized registrant and owner of a
federal service mark for the 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 or use of operation under the
group name without having abandoned the name or affiliation of the
group;
C.
The live musical performance or production is identified in all advertising
and promotion as a salute or tribute; or
D.
The performance or production is expressly authorized by the recording
group.
A violation of this article shall be subject to a civil penalty
in an amount not to exceed $750 for a first violation and $1,500 for
any subsequent violation.
The Director of Consumer Affairs shall promulgate such rules
and regulations as he deems necessary and appropriate for the implementation
and enforcement of any provisions of this article.
This article shall apply to all actions occurring on or after
the effective date of this article.
