PRINTER'S NO. 1032
No. 817 Session of 2005
INTRODUCED BY ROBBINS, M. WHITE, BOSCOLA, ERICKSON, WOZNIAK,
LEMMOND, PILEGGI, COSTA, RAFFERTY, D. WHITE AND KITCHEN,
JUNE 29, 2005
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JUNE 29, 2005
AN ACT
1 Amending the act of December 17, 1968 (P.L.1224, No.387),
2 entitled "An act prohibiting unfair methods of competition
3 and unfair or deceptive acts or practices in the conduct of
4 any trade or commerce, giving the Attorney General and
5 District Attorneys certain powers and duties and providing
6 penalties," defining "performing group," "recording group"
7 and "sound recording"; and further providing for unfair acts.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 2(4) of the act of December 17, 1968
11 (P.L.1224, No.387), known as the Unfair Trade Practices and
12 Consumer Protection Law, reenacted and amended November 24, 1976
13 (P.L.1166, No.260), is amended by adding a subclause and the
14 section is amended by adding clauses to read:
15 Section 2. Definitions.--As used in this act.
16 * * *
17 (1.1) "Performing group" means a vocal or instrumental group
18 seeking to use the name of another group that has previously
19 released a commercial sound recording under that name.
1 * * *
2 (2.1) "Recording group" means a vocal or instrumental group
3 at least one of whose members has previously released a
4 commercial sound recording under that group's name and in which
5 the member or members have a legal right by virtue of use or
6 operation under the group name without having abandoned the name
7 or affiliation with the group.
8 (2.2) "Sound recording" means a work that results from the
9 fixation on a material object of a series of musical, spoken or
10 other sounds regardless of the nature of the material object,
11 such as a disk, tape or other phono-record, in which the sounds
12 are embodied.
13 * * *
14 (4) "Unfair methods of competition" and "unfair or deceptive
15 acts or practices" mean any one or more of the following:
16 * * *
17 (xx.1) Advertising or conducting a live musical performance
18 or production in this Commonwealth through the use of a false,
19 deceptive or misleading affiliation, connection or association
20 between the performing group and the recording group. This
21 subclause does not apply if:
22 (A) the performing group is the authorized registrant and
23 owner of a Federal service mark for that group registered in the
24 United States Patent and Trademark Office;
25 (B) at least one member of the performing group was a member
26 of the recording group and has a legal right by virtue of use or
27 operation under the group name without having abandoned the name
28 or affiliation with the group;
29 (C) the live musical performance or production is identified
30 in all advertising and promotion as a salute or tribute;
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1 (D) the advertising does not relate to a live musical
2 performance or production taking place in this Commonwealth; or
3 (E) the performance or production is expressly authorized by
4 the recording group.
5 Section 2. Section 8(b) of the act, amended December 4, 1996
6 (P.L.906, No.146), is amended to read:
7 Section 8. Civil Penalties.--* * *
8 (b) (1) In any action brought under section 4 of this act,
9 if the court finds that a person, firm or corporation is
10 wilfully using or has wilfully used a method, act or practice
11 declared unlawful by section 3 of this act, the Attorney General
12 or the appropriate District Attorney, acting in the name of the
13 Commonwealth of Pennsylvania, may recover, on behalf of the
14 Commonwealth of Pennsylvania, a civil penalty of not exceeding
15 one thousand dollars ($1,000) per violation, which civil penalty
16 shall be in addition to other relief which may be granted under
17 sections 4 and 4.1 of this act.
18 (2) Where the victim of the wilful use of a method, act or
19 practice declared unlawful by section 3 of this act is sixty
20 years of age or older, the civil penalty shall not exceed three
21 thousand dollars ($3,000) per violation, which penalty shall be
22 in addition to other relief which may be granted under sections
23 2 and 4.1 of this act.
24 (3) For the wilful use of a method, act of practice under
25 section 2(4)(xx.1) declared unlawful by section 3, the civil
26 penalty shall not be less than five thousand dollars ($5,000)
27 nor more than fifteen thousand dollars ($15,000) per violation.
28 Each performance or production under section 2(4)(xx.1) declared
29 unlawful by section 3 shall constitute a separate violation.
30 Section 3. This act shall take effect in 60 days.
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