An Act To Ensure Truth in Music Advertising
Maine Legislature, Session 123, LD 0686
Committee: Business, Research and Economic Development
Sponsors: MAKAS, BARTLETT, BEAUDETTE, CUMMINGS, FAIRCLOTH, HARLOW, MUSE, ROSEN, SAMSON, SMITH

Legislative Document 
No. 686 
H.P.517 
House of Representatives, February 9, 2007 
An Act To Ensure Truth in Music Advertising 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed: 
Presented by Representative MAKAS of Lewiston. 
Cosponsored by Senator BARTLETT of Cumberland and 
'-7l/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAUDETTE of Biddeford, Speaker CUMMINGS of Portland, 
FAIRCLOTH of Bangor, HARLOW of Portland, MUSE of Fryeburg, ROSEN of Bucksport, 
SAMSON of Auburn, SMITH of Monmouth. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA c. 202-E is enacted to read: 
CHAPTER 202-E 
TRUTH IN MUSIC ADVERTISING 
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§1156. Short title 
This chapter is known and may be cited as "the Truth in Music Advertising Act." 
§1157. 
Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Performing group. "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. Recording group. "Recording group" means a vocal or instrumental group at 
least one of whose members has previously released a commercial sound recording under 
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that group's name and in which the member has a legal right by virtue of use or operation 
under the group name without having abandoned the name or affiliation with the group. 
3. Sound recording. "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 disc, tape or other phonorecord, in which the sounds are 
embodied. 
§1158. Production 
A person may not advertise or conduct a live musical performance or production in 
this State through the use of a false, deceptive or misleading affiliation, connection or 
association between a performing group and a recording group unless: 
2S 
1. Authorized; federaf service mark. The performing group is the authorized 
registrant and owner of a federal service mark for that group registered in the United 
States Patent and Trademark Office; 
2. Legal right. At least one member of the performing group was 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 with the group; 
3. Salute or tribute. The live musical performance or production is identified in all 
advertising and promotion as a salute or tribute and the name of the performing group is 
not so closely related or similar to the name used by the recording group that it would 
tend to confuse or mislead the public; and 
4. Expressly authorized. The performance or production is expressly authorized by 
the recording group. 
§1159. 
Restraining prohibited acts 
1. Injunction. Whenever the Attorney General or a district attorney has reason to 
believe that a person is advertising or conducting or is about to advertise or conduct a live 
musical performance or production in violation of section 1158 and that proceedings 
would be in the public interest, the Attorney General or district attorney may bring an 
action in the name of the State against the person to restrain that practice by temporary or 
permanent injunction. 
2. 
Payment of costs and restitution. Whenever any court issues a permanent 
injunction to restrain and prevent violations of this chapter as authorized in subsection 1, 
the court may in its discretion direct that the defendant restore to any person in interest 
any money or property, real or personal, that has been acquired by means of any violation 
of this chapter, under terms and conditions to be established by the court. 
§1160. Penalty 
In addition to any other relief that may be granted under section 1159, a person who 
violates section 1158 commits a civil violation for which a fine of not less than $5,000 
nor more than $15,000 per violation may be adjudged. Each performance or production 
advertised or conducted in violation of section 1158 constitutes a separate violation. 
SUMMARY 
This bilI, which is based on Pennsylvania law, prohibits musical groups from 
advertising or conducting performances using false or misleading connections with other 
musical groups. 
Under the bilI, imitators could face fines of $5,000 to $15,000, in 
addition to being required to make restitution.