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A204, R254, H3636
STATUS INFORMATION
General Bill
Sponsors: Reps. Snow, G. Brown, Coates, Cobb-Hunter, J. Hines, Kennedy, Martin, J.H. Neal, Sandifer, G.M. Smith, Weeks, Whitmire and McLeod
Document Path: l:\council\bills\dka\3224dc03.doc
Introduced in the House on February 18, 2003
Introduced in the Senate on February 10, 2004
Last Amended on February 5, 2004
Passed by the General Assembly on April 7, 2004
Governor's Action: April 26, 2004, Signed
Summary: Musical groups and productions, names permitted to be used
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/18/2003 House Introduced and read first time HJ-21
2/18/2003 House Referred to Committee on Judiciary HJ-22
1/27/2004 House Member(s) request name added as sponsor: McLeod
2/4/2004 House Committee report: Favorable with amendment Judiciary
HJ-30
2/5/2004 House Amended HJ-21
2/5/2004 House Read second time HJ-22
2/5/2004 House Unanimous consent for third reading on next legislative
day HJ-22
2/6/2004 House Read third time and sent to Senate HJ-2
2/10/2004 Senate Introduced and read first time SJ-9
2/10/2004 Senate Referred to Committee on Judiciary SJ-9
4/1/2004 Senate Committee report: Favorable Judiciary SJ-13
4/6/2004 Senate Read second time SJ-30
4/7/2004 Senate Read third time and enrolled SJ-14
4/20/2004 Ratified R 254
4/26/2004 Signed By Governor
5/3/2004 Copies available
5/3/2004 Effective date 04/26/04
5/18/2004 Act No. 204
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/18/2003
2/4/2004
2/5/2004
4/1/2004
(A204, R254, H3636)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-38 SO AS TO PROVIDE THAT IT IS AN UNLAWFUL TRADE PRACTICE TO ADVERTISE A LIVE MUSICAL PERFORMANCE THROUGH THE DECEPTIVE USE OF THE NAME OF A RECORDING PERSON OR GROUP, TO DEFINE "PERFORMING PERSON OR GROUP" AND "RECORDING PERSON OR GROUP", TO PROVIDE EXEMPTIONS, AND TO MAKE THE REMEDIES CUMULATIVE TO THOSE IN OTHER PROVISIONS OF LAW.
Be it enacted by the General Assembly of the State of South Carolina:
Deceptive use of a musical performer's name
SECTION 1. Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-38. (A) For purposes of this section:
(1) 'performing person or group' means a vocal or instrumental performer seeking to use the name of another person or group that has previously produced or released, or both, a commercial recording; and
(2) 'recording person or group' means a vocal or instrumental performer that has previously produced or released, or both, a commercial recording.
(B) It is an unlawful trade practice pursuant to Section 39-5-20 to advertise a live musical performance or production in South Carolina through the use of a false, deceptive, or misleading affiliation, connection, or association between the performing person or group with a recording person or group.
(C) The advertisement of a live musical performance does not violate subsection (B) if the:
(1) performing person or at least one member of the performing group was a member of the recording person or group;
(2) live musical performance or production is identified as a 'salute' or 'tribute' to, and is otherwise unaffiliated with, the recording person or group;
(3) advertising does not relate to a live musical performance taking place in South Carolina; or
(4) performance is expressly authorized in the advertising by the recording person or group."
Remedies are cumulative
SECTION 2. The penalties and remedies provided in this act are cumulative of and in addition to other provisions of law.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 20th day of April, 2004.
Approved the 26th day of April, 2004.
This web page was last updated on Monday, December 7, 2009 at 10:27 A.M.