Posted on 06/16/2007 9:04:30 AM PDT by Extremely Extreme Extremist
(CBS) TALLAHASSEE -- Gov. Charlie Crist signed legislation Friday that makes it a misdemeanor for people to take the stage using the name of a band if they're not really the band who made the name famous, making it illegal in Florida to fake your way to fame by using another band’s name.
The new law prohibits people or groups from advertising or holding a live performance using a "false, deceptive, or misleading statement of an affiliation, connection, or association between a performing group and a recording group."
Backers of the bill to ban rock-n-roll impostors claimed this is actually a serious problem. Groups have held performances claiming to be the Coasters, the Drifters, the Shirelles, the Platters and other old groups when none of the original members were actually on stage.
Groups including condo associations who hired the impostors often had no idea no original members of the band were involved.
Bands will still be able to use the name of the original acts if at least one member of the group was a member of the original act and has the legal right to use the name.
If an organization holds a legal trademark, it would be able to use the trademarked band name even if no original members are involved. Tribute bands could perform as long as it's clear that's what they are.
Crist also signed legislation to strengthen penalties for the possession of child pornography and requiring sexual predators to register their e-mail addresses and online chat names with authorities.
> TALLAHASSEE — Gov. Charlie Crist signed legislation
> Friday that makes it a misdemeanor for people to take
> the stage using the name of a band if they’re not
> really the band who made the name famous, ...
So when the Tallahasee Symphony Orchestra (now 28 years
old) reaches the point where no original member are
still on stage (which may have already happened), then
the TSO has to change its name?
Politicians really are idiots.
If an organization holds a legal trademark, it would be able to use the trademarked band name even if no original members are involved.
Do we really need a law for this. Won’t the market place take care of it?
Eventually, but that doesn't help the people who were already defrauded.
Does this mean that SeeBS’s contest supergroup Supernova and the new UK Horrors would be unable to play since there are other bands that have put out several albums using those names in the past 10 years?
So if someone bought the name (or owned it from inception) but never played in the band, he could still legally have his OWN band with that name and not need the disclaimer. Which is where most of the controversy is anyway. And has been for 40 years.
I use to play for “Spinal Tap”.
There’s a lot of people who’ve seen Mike Love’s Beach Boys (him being the only original member) and walk away from the experience saying they don’t like the Beach Boys.
Mike owns the name, by the way and has even litigated Brian Wilson, who wrote the songs, for trying to capitalize on Beach Boys material.
Glen Campbell and other studio musicians were “the band” playing on the Beach Boys’ Pet Sounds. The Beach Boys sang on differnt cuts. Who was “the band”?
And The Electric Prunes were a real band that was signed to a label. Then the producer hired studio musicians to record some albums and have the original Electric Prunes tour out the new material. The artist on the record was not the same as the artist on tour (not an uncommon practice). Who gets to play under the name?
Talent does not enter into the equation. And the above legislation makes reference to the RECORDING artist.
Looking at them, I think they should avoid America completely.
Almost as funny as Best In Show.
L
I work with Jimmy Hendrix. I don’t see what the big fuss is.
ROTFLOL!
I thought they had a skiffle band and later sang songs about flower people and things like “Give Me Some Money” (which is NOW being used in an ad campaign).
BTTT
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