Viewing an earlier, undated versionView current (A) For purposes of this section:
- (1) "performing person or group" means a vocal or instrumental performer seeking to use the name of another person or group that has previously produced or released, or both, a commercial recording; and
- (2) "recording person or group" means a vocal or instrumental performer that has previously produced or released, or both, a commercial recording.
- (B) It is an unlawful trade practice pursuant to Section 39-5-20 to advertise a live musical performance or production in South Carolina through the use of a false, deceptive, or misleading affiliation, connection, or association between the performing person or group with a recording person or group.
(C) The advertisement of a live musical performance does not violate subsection (B) if the:
- (1) performing person or at least one member of the performing group was a member of the recording person or group;
- (2) live musical performance or production is identified as a " salute" or "tribute" to, and is otherwise unaffiliated with, the recording person or group;
- (3) advertising does not relate to a live musical performance taking place in South Carolina; or
- (4) performance is expressly authorized in the advertising by the recording person or group.