Bill Text: IA HF2527 | 2019-2020 | 88th General Assembly | Amended
Bill Title: A bill for an act relating to the exhibition of music, including the practices of performing rights societies and the advertising, promoting, and conducting of certain live musical performances, and making penalties applicable. (Formerly HF 2304.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-03-16 - Subcommittee: Sweeney, Nunn, and R. Taylor. S.J. 623. [HF2527 Detail]
Download: Iowa-2019-HF2527-Amended.html
House
File
2527
-
Reprinted
HOUSE
FILE
2527
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2304)
(As
Amended
and
Passed
by
the
House
March
11,
2020
)
A
BILL
FOR
An
Act
relating
to
the
exhibition
of
music,
including
1
the
practices
of
performing
rights
societies
and
the
2
advertising,
promoting,
and
conducting
of
certain
live
3
musical
performances,
and
making
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
549.3,
subsection
1,
Code
2020,
is
1
amended
to
read
as
follows:
2
1.
A
performing
rights
society
shall
not
enter
onto
the
3
business
premises
of
a
proprietor
for
the
purpose
of
discussing
4
a
contract
for
the
payment
of
royalties
by
the
proprietor
,
5
unless
the
performing
rights
society
identifies
itself
to
6
the
proprietor
and
describes
to
the
proprietor
the
purpose
7
for
entering
onto
the
proprietor’s
business
premises
the
8
performing
rights
society
first
makes
an
appointment
to
meet
9
with
the
proprietor
at
the
business
premises
during
normal
10
business
hours
.
Upon
entering
onto
the
business
premises,
the
11
performing
rights
society
shall
clearly
identify
itself
to
12
the
proprietor
and
describe
to
the
proprietor
the
purpose
for
13
entering
onto
the
business
premises.
14
Sec.
2.
Section
549.5,
Code
2020,
is
amended
to
read
as
15
follows:
16
549.5
Improper
licensing
practices.
17
A
performing
rights
society
shall
not
do
any
of
the
18
following:
19
1.
A
performing
rights
society
shall
not
collect,
Collect
20
or
attempt
to
collect
,
from
a
proprietor
licensed
by
that
21
performing
rights
society,
a
royalty
payment
except
as
provided
22
in
a
contract
executed
pursuant
to
the
provisions
of
this
23
chapter
.
24
2.
Make
a
misleading
or
threatening
verbal
or
written
25
communication
to
a
proprietor
in
connection
with
a
contract
for
26
the
payment
of
royalties
or
an
attempt
to
collect
royalties.
27
3.
State
or
imply
in
a
verbal
or
written
communication
with
28
a
proprietor
that
the
performing
rights
society
is
an
agent
29
or
representative
of
a
public
body,
regulatory
agency,
or
law
30
enforcement
agency.
31
Sec.
3.
Section
549.7,
Code
2020,
is
amended
to
read
as
32
follows:
33
549.7
Remedies
——
injunction.
34
A
person
who
suffers
a
violation
of
this
chapter
may
bring
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an
action
to
recover
reasonable
attorney
fees
and
the
greater
1
of
two
thousand
five
hundred
dollars
or
actual
damages
and
2
reasonable
attorney
fees
and
to
seek
an
injunction
or
any
other
3
available
remedy
.
A
person
who
suffers
a
violation
of
this
4
chapter
may
also
seek
an
injunction
or
any
other
available
5
remedy.
6
Sec.
4.
NEW
SECTION
.
549A.1
Title.
7
This
chapter
shall
be
known
and
may
be
cited
as
the
“Truth
in
8
Music
Advertising
Act”
.
9
Sec.
5.
NEW
SECTION
.
549A.2
Definitions.
10
As
used
in
this
chapter,
unless
the
context
otherwise
11
requires:
12
1.
“Performing
group”
means
a
vocal
or
instrumental
group
of
13
one
or
more
individuals
that
intends
to
advertise
or
perform
14
under
the
name
of
a
recording
group
or
performer
or
a
name
15
substantially
similar
to
a
recording
group
or
performer.
16
2.
“Recording
group”
means
a
vocal
or
instrumental
group
17
of
one
or
more
individuals,
at
least
one
of
whose
members
has
18
previously
released
a
commercial
sound
recording
under
that
19
group’s
name,
and
in
which
the
individual
or
individuals
have
20
a
legal
right
by
virtue
of
use
or
operation
under
the
group
21
name
without
having
abandoned
the
name
or
affiliation
with
the
22
group.
23
3.
“Sound
recording”
means
a
work
that
results
from
the
24
fixation
of
a
series
of
musical,
spoken,
or
other
sounds,
25
regardless
of
the
nature
of
the
material
object,
such
as
a
26
phonograph,
disc,
tape,
wire,
digital
storage,
or
other
medium
27
in
which
the
sounds
are
embodied.
28
Sec.
6.
NEW
SECTION
.
549A.3
Production.
29
1.
A
person
shall
not
advertise
or
conduct
a
live
musical
30
performance
or
production
in
this
state
through
the
use
of
a
31
false,
deceptive,
or
misleading
affiliation,
connection,
or
32
association
between
a
performing
group
and
a
recording
group.
33
2.
This
section
does
not
apply
if
any
of
the
following
34
conditions
are
met:
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a.
The
performing
group
is
the
authorized
registrant
and
1
owner
of
a
federal
service
mark
for
the
recording
group
that
is
2
registered
in
the
United
States
patent
and
trademark
office.
3
b.
At
least
one
member
of
the
performing
group
was
a
member
4
of
the
recording
group,
and
that
member
has
a
legal
right
to
5
use
or
operate
under
the
name
of
the
recording
group
without
6
having
abandoned
the
name
or
affiliation
with
the
recording
7
group.
8
c.
The
live
musical
performance
or
production
is
identified
9
in
all
advertising
and
promotion
as
a
salute
or
tribute.
10
d.
The
name
of
the
performing
group
is
not
so
closely
11
related
or
similar
to
the
name
used
by
the
recording
group
that
12
it
would
tend
to
confuse
or
mislead
the
public.
13
e.
The
advertising
does
not
relate
to
a
live
musical
14
performance
or
production
taking
place
in,
streamed
into,
or
15
broadcast
into
this
state.
16
f.
The
performance
or
production
is
expressly
authorized
by
17
the
recording
group.
18
Sec.
7.
NEW
SECTION
.
549A.4
Enforcement.
19
A
violation
of
section
549A.3
is
an
unlawful
practice
under
20
section
714.16,
and
all
the
remedies
and
penalties
of
section
21
714.16
are
available
for
such
a
violation.
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