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Indicates Matter Stricken
Indicates New Matter
AMENDED
February 5, 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 2/5/04--H.
Read the first time February 18, 2003.
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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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.
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