Section 43B. For purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
“Performing group”, 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”, a vocal or instrumental group at least 1 of whose members has previously released a commercial sound recording under that group’s name and in which that member has a legal right by virtue of use or operation under the name in question without having severed- relationships with the recording group or otherwise abandoned use of the name or affiliation in question.
“Sound recordings”, works resulting from the fixation on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material objects such as disks, tapes or other media in which the sounds are embodied.
“Unfair methods of competition” and “unfair or deceptive acts or practices”, advertising a live musical performance or production in the commonwealth through the use of a false, deceptive or misleading affiliation, connection or association between the performing group and the recording group. A performing group shall have 1 or more members of the recording group on stage with the legal right to use the name in order to perform in the commonwealth unless: (i) the performing or recording group is the authorized registrant and owner of a Federal Service Mark for that performing group registered in the United States Patent and Trademark Office; (ii) at least 1 member of the performing group was a member of the recording group with a legal right to use the name in question; (iii) the live musical performance or production is identified in all advertising and promotion as a salute or tribute; (iv) the advertising does not relate to a live musical performance taking place in the commonwealth; or (v) the performance is expressly authorized by the recording group.
A person who engages in unfair methods of competition or unfair or deceptive acts or practices as defined in this section shall be punished by a fine of not less than $5,000 and not more than $15,000 in addition to other remedies provided by law.
In addition to other remedies provided by law, the recording group may obtain an injunction against a performance in the commonwealth by the performing group and may recover 3 times the sum of any profits accrued from either the performance or the sale of sound recordings.
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