[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.]612a Uncod LL Pro
[Adopted 11-20-2007 by L.L. No. 33-2007 (Ch. 365, Art. I, of the 1985 Code)]
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.
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.
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.
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:
- PERFORMING GROUP
- A vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.
- RECORDING GROUP
- 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.
- SOUND RECORDING
- 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:
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;
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;
The live musical performance or production is identified in all advertising and promotion as a salute or tribute; or
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.