South Carolina Code 39-5-38. Deceptive or misleading advertisement of live musical performance; injunction; penalty
(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;
Terms Used In South Carolina Code 39-5-38
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: shall include natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity. See South Carolina Code 39-5-10
(2) "recording person or group" means a vocal or instrumental performer that has previously produced or released, or both, a commercial recording; and
(3) "sound recording" means the fixation of a series of musical, spoken, or other sounds on a material object such as a disk, tape, or other phono-record on which the sounds are embodied.
(B) It is an unlawful trade practice pursuant to § 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 and has a legal right by virtue of use or operation under the group name without having abandoned the name of affiliation with the 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;
(4) performance is expressly authorized in the advertising by the recording person or group; or
(5) performing group is the authorized registrant and owner of a federal service mark for that group and registered in the United States Patent and Trademark Office.
(D)(1) A court of this State may issue a temporary or permanent injunction for a violation or attempted violation of this chapter where the court believes an injunction would best serve the public interest.
(2) A court that issues a permanent injunction to restrain and prevent a violation of this section may order the enjoined party to restore to its legal owner money or property acquired by the enjoined party through a violation of this section.
(E) A person who violates the provisions of this section is subject to a penalty of at least five thousand dollars and not more than fifteen thousand dollars for each violation.