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COMMITTEE REPORT
February 4, 2004
H. 3636
Introduced by Reps. Snow, G. Brown, Coates, Cobb-Hunter, J. Hines, Kennedy, Martin, J.H. Neal, Sandifer, G.M. Smith, Weeks, Whitmire and McLeod
S. Printed 2/4/04--H.
Read the first time February 18, 2003.
To whom was referred a Bill (H. 3636) to amend the Code of Laws of South Carolina, 1976, by adding Section 16-11-960 so as to provide that a person or group engaging in a musical production, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ 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."
SECTION 2. The penalties and remedies provided in this act are cumulative of and in addition to other provisions of law.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-960 SO AS TO PROVIDE THAT A PERSON OR GROUP ENGAGING IN A MUSICAL PRODUCTION OR PERFORMANCE MAY UTILIZE THE NAME OF ANOTHER PERSON OR GROUP IF THAT PERSON OR ONE MEMBER OF THE GROUP UTILIZING THE NAME PERFORMED A SIGNIFICANT ROLE IN THE RECORDINGS OF THE PERSON OR GROUP WHOSE NAME IS BEING UTILIZED, TO DEFINE "SIGNIFICANT ROLE" FOR PURPOSES OF THIS SECTION, TO PROVIDE FOR PERFORMANCE OF A "SALUTE" OR "TRIBUTE" ONLY BY A PERSON OR GROUP THAT DID NOT PERFORM A SIGNIFICANT ROLE IN THE RECORDINGS OF A PERSON OR GROUP WHOSE NAME IS BEING UTILIZED, AND TO PROVIDE THAT A PERSON OR GROUP UTILIZING THE NAME OF ANOTHER PERSON OR GROUP THAT DID NOT PERFORM A SIGNIFICANT ROLE IN THE RECORDINGS OF THE PERSON OR GROUP SHALL AFFIRMATIVELY DISCLOSE THAT THEY DID NOT PERFORM A SIGNIFICANT ROLE IN THE PRODUCTION OR RELEASE OF THE RECORDINGS OR WITH THE PERSON OR GROUP WHO PRODUCED AND RELEASED THE RECORDINGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-960. (A) For purposes of this section, 'significant role' in a recording that is primarily vocal means a role as a lead vocal performer or as a back up vocal performer in the recording. 'Significant role' in a recording that is primarily instrumental means a role as a lead instrumental performer.
(B) A person or group engaging in a musical production or performance, or offering his or the group's talent to the public, with or without compensation, may utilize another person's or group's name under which recordings have been produced and released only if that person or at least one member of the group utilizing the name performed a significant role in a majority of the recordings produced and released by the person or group whose name is being utilized.
(C) If a person or group engaging in a musical production or performance, or offering his or the group's talent to the public did not perform a significant role in a majority of the recordings produced and released by the person or group whose name is being utilized, the person or group utilizing the name of another person or group only may perform or offer his or its talent as a 'salute' or 'tribute' to the recording person or group or by using similar language that conveys to the public the fact that the person or group utilizing the name did not perform a significant role in a majority of the recordings produced and released by the person or group whose name is being utilized.
(D) A person or group who, by means of a contract, registered trademark, or court order, has a legal right to utilize the name of another person or group, but did not perform a significant role in a majority of the recordings produced and released by the person or group whose name is being utilized, affirmatively must disclose in all advertising and promotional material, as well as in all media or other public exposure, that the person or group utilizing the name had no significant role in the production and release of the recordings or with the person or group under whose name the recordings were produced and released.
(E) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days, or both."
SECTION 2. This act takes effect upon approval by the Governor.
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