Washington Code 19.25.100 – Truth in music advertising
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(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
Terms Used In Washington Code 19.25.100
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Owner: means a person who owns the sounds fixed in a master phonograph record, master disc, master tape, master film, or other recording on which sound is or can be recorded and from which the transferred recorded sounds are directly or indirectly derived. See Washington Code 19.25.010
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Recording: means a tangible medium on which sounds, images, or both are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now existing or developed later on which sounds, images, or both are or can be recorded or otherwise stored or a copy or reproduction that duplicates in whole or in part the original. See Washington Code 19.25.010
(a) “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.
(b) “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.
(c) “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 disk, tape, or other phonorecord, in which the sounds are embodied.
(2) A person shall not advertise or conduct a live musical performance or production through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group unless any of the following apply:
(a) The performing group is the authorized registrant and owner of a federal service mark for the group registered in the United States patent and trademark office;
(b) At least one member of the performing group was previously a 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 of the group;
(c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute;
(d) The advertising does not relate to a live musical performance or production taking place in this state; or
(e) The performance or production is expressly authorized by the recording group.
(3)(a) A person who violates this section is subject to a civil penalty not less than five thousand dollars or more than fifteen thousand dollars per violation. An action for a civil penalty may be brought by the attorney general or a county or city prosecutor and is enforceable as a civil judgment.
(b) A person who violates this section is subject to the equitable remedies described in chapter 19.86 RCW.
(c) Each performance or production declared unlawful under subsection (2) of this section constitutes a separate violation.
(d) This section does not preclude prosecution of a violation of this section under any other provision of law.
[ 2009 c 109 § 1.]
NOTES:
Short title—2009 c 109: “This act may be known and cited as the truth in music advertising act.” [ 2009 c 109 § 2.]