Utah Code 13-11a-6. Truth in music advertising — Exemptions — Penalties
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(1) A person may not advertise or conduct a live musical performance by a performing group by using a false, deceptive, or otherwise misleading affiliation between a performing group and a recording group of the same name.
Terms Used In Utah Code 13-11a-6
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Performing group: means a vocal or instrumental group that performs live music for a paying audience. See Utah Code 13-11a-2
- Person: means an individual, including a consumer, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Utah Code 13-11a-2
- Recording group: means a vocal or instrumental group at least one of the members of which has released a commercial sound recording under the group's name, if the member has a legal right to use of the group's name. See Utah Code 13-11a-2
- Venue: The geographical location in which a case is tried.
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) This section does not apply to:(2)(a) a performing group that is the registrant and owner of a registered federal service mark for the group name;(2)(b) a performance by a performing group that is clearly identified in all advertising and promotional materials as a salute or tribute;(2)(c) a performing group at least one member of which was a member of the recording group and has a legal right to use of the group name;(2)(d) the advertising does not relate to a live musical performance occurring in this state; or(2)(e) a performance authorized in writing by the recording group.(3)(3)(a) A person may enforce this section by bringing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.(3)(b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring an action described in Subsection (3)(a) in the county in which the live musical performance is advertised or conducted if the person brings the action in the district court.(3)(c) A party injured by a violation of this section may obtain an injunction and recover actual damages.(3)(d) The prevailing party in an action under Subsection (3)(a) may be awarded costs and attorney fees.