Illinois Compiled Statutes 815 ILCS 505/2XX – Performing groups
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(a) As used in this Section:
“Performing group” means 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” means 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” means 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 disc, tape, or other phono-record, in which the sounds are embodied.
(b) It is an unlawful practice for a person to advertise or conduct a live musical performance or production in this State through the use of a false, deceptive, or misleading affiliation, connection, or association between the performing group and the recording group. This Section does not apply if:
(1) the performing group is the authorized registrant
“Performing group” means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.
Terms Used In Illinois Compiled Statutes 815 ILCS 505/2XX
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
“Recording group” means 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” means 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 disc, tape, or other phono-record, in which the sounds are embodied.
(b) It is an unlawful practice for a person to advertise or conduct a live musical performance or production in this State through the use of a false, deceptive, or misleading affiliation, connection, or association between the performing group and the recording group. This Section does not apply if:
(1) the performing group is the authorized registrant
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and owner of a Federal service mark for that group registered in the United States Patent and Trademark Office;
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(2) at least one member of the performing group was a
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member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group;
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(3) the live musical performance or production is
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identified in all advertising and promotion as a salute or tribute;
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(4) the advertising does not relate to a live musical
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performance or production taking place in this State; or
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(5) the performance or production is expressly
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authorized by the recording group.
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