The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
002A
:
MUSICAL PERFORMANCES
(Cite as: 9 V.S.A. § 2479a)
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§ 2479a. Truth in advertising and producing musical performances
(a) As used in this section:
(1) “Performing group” means a vocal or instrumental group that uses the name of another
group that has previously released a commercial sound recording under that name.
(2) “Recording group” means a vocal or instrumental group in which at least one of the
members 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) “Sound recording” means a disc, tape, or other phono-recording material on which a
series of musical, spoken, or other sounds has been embodied.
(b) No person shall advertise or conduct a live musical performance or production in Vermont
through false, deceptive, or misleading affiliation, connection, or association with
a performing group or a recording group, except under one or more of the following
requirements:
(1) The performing group is the authorized registrant and owner of a federal service mark
for the group name registered in the U.S. Patent and Trademark Office.
(2) 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 and has not abandoned
the name or affiliation with the group.
(3) The live musical performance or production is conspicuously identified in all advertising
and promotion as a salute or tribute to the recording group, and the name of the performing
group is different from the recording group.
(4) The performance or production is expressly authorized by the recording group.
(c) The Attorney General or State’s Attorney has the same authority to make rules, conduct
civil investigations, and bring civil actions with respect to violations of subsection
(b) of this section as provided under subchapter 1 of this chapter. Each performance
or production or advertisement found to be a violation of subsection (b) of this section
shall constitute a separate violation. (Added 2007, No. 109 (Adj. Sess.), § 1.)