Corpus

MCA Chapter 91

MCA Chapter 91
in effect

Miss. Code Ann. § 75-91-3 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: “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. “Recording group” means a vocal or instrumental group at least one (1) of whose members has 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. “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 disk, tape or other phono-record, in which the sounds are embodied.

Miss. Code Ann. § 75-91-5 Advertising or conducting live musical performance or production through use of false or misleading affiliation or connection between performing group and recording group prohibited; exceptions.

It shall be unlawful for any 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 a performing group and a recording group. This section does not apply if any of the following apply: 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. At least one (1) 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. The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the vocal or instrumental group performing is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public. The advertising does not relate to a live musical performance or production taking place in this state. The performance or production is expressly authorized by the recording group.

Miss. Code Ann. § 75-91-7 Injunctive relief for violation of chapter.

Whenever the Attorney General or a district attorney has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of Section 75-91-5 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 by temporary or permanent injunction that practice. Whenever any court issues a permanent injunction to restrain and prevent violations of this chapter as authorized in subsection (1) of this section, the court may, in its discretion, direct that the defendant restore to any person in interest any monies or property, real or personal, which may have been acquired by means of any violation of this chapter, under terms and conditions to be established by the court.

Miss. Code Ann. § 75-91-9 Penalties.

Any person who violates Section 75-91-5 is liable for a civil penalty of not less than Five Thousand Dollars ($5,000.00) nor more than Fifteen Thousand Dollars ($15,000.00) per violation, which civil penalty shall be in addition to any other relief which may be granted under Section 75-91-7. Each performance or production declared unlawful by Section 75-91-5 shall constitute a separate violation.