BILL NUMBER: AB 702	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 8, 2007

INTRODUCED BY   Assembly Member Portantino
   (Principal coauthor: Assembly Member Levine)
    (   Coauthors:   Assembly Members 
 Davis,   Jeffries,   Krekorian,  
Plescia,  and Swanson   ) 

                        FEBRUARY 22, 2007

   An act to add Section 17537.12 to the Business and Professions
Code, relating to deceptive practices.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 702, as amended, Portantino. Musical performances or
productions: deceptive acts.
   Existing law prohibits various unfair business practices,
including certain advertising practices. Existing law provides
various remedies for these violations, including civil penalties,
restitution, and injunctive relief.  Existing law also makes it a
crime to violate any of the provisions governing advertising. 
   This bill would make it unlawful for any  person 
 performing group or its promoter, manager, or agent  to
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, as defined, except under specified circumstances. 
   Existing law also makes it a crime to violate any of the
provisions governing advertising. By 
    By  adding this new provision  to those
provisions  , this bill would expand the scope of an
existing crime, thereby imposing a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17537.12 is added to the Business and
Professions Code, to read:
   17537.12.  (a) This section shall be known and may be cited as the
Truth in Music Advertising Act.
   (b) As used in this section, the following terms have the
following meanings unless the context clearly indicates otherwise:
   (1) "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. 
   (2) "Person" means the performing group or its promoter, manager,
or agent. "Person" does not include the performance venue or its
owners, managers, or operators, unless the performance venue owns or
produces the performing group, or knew or should have known that the
performing group does not have a legal right to perform. 

   (2) 
    (3)  "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. 
   (3) 
    (4)  "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.
   (c) It is unlawful for any person to 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:
   (1) 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.
   (2) 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.
   (3) The live musical performance or production is identified in
all advertising and promotion as a salute or tribute, and the name of
the vocal or instrumental group performing is not so closely related
or similar to that used by the recording group that it would tend to
confuse or mislead the public.
   (4) The advertising does not relate to a live musical performance
or production taking place in this state.
   (5) The performance or production is expressly authorized by the
recording group.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.