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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4172
Introduced 11/02/05, by Rep. Karen A. Yarbrough SYNOPSIS AS INTRODUCED:
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Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for a person to 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 the performing group and the recording group. Provides a list of exceptions to the unlawful practice.
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A BILL FOR
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HB4172 |
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LRB094 14358 LCT 49281 b |
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| AN ACT concerning consumer fraud.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Consumer Fraud and Deceptive Business |
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| Practices Act is amended by adding Section 2XX as follows:
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| (815 ILCS 505/2XX new) |
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| Sec. 2XX. Performing groups. |
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| (a) As used in this Section: |
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| "Performing group" means a vocal or instrumental group |
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| seeking to use the name of another group that has previously |
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| released a commercial sound recording under that name.
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| "Recording group" means a vocal or instrumental group at |
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| least one of whose members has previously released a
commercial |
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| sound recording under that group's name and in which the member |
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| or members have a legal right by virtue of use or
operation |
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| under the group name without having abandoned the name or |
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| affiliation with the group. |
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| "Sound recording" means a work that results from the |
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| fixation on a material object of a series of musical, spoken, |
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| or
other sounds regardless of the nature of the material |
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| object, such as a disc, tape, or other phono-record, in which |
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| the sounds are embodied.
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| (b) It is an unlawful practice for a person to advertise or |
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| conduct a live musical performance or production in this State |
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| through the use of a false, deceptive, or misleading |
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| affiliation, connection, or association between the performing |
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| group and the recording group. This Section does not apply if:
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| (1) the performing group is the authorized registrant |
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| and
owner of a Federal service mark for that group |
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| registered in the United States Patent and Trademark |
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| Office; |
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| (2) at least one member of the performing group was a |