News Brief: Bill to ban throwback bands’ performances

Iowa Senator Robert Dvorsky from Coralville is proposing a bill that would make it illegal for a group performing live music to falsely identify itself with the original artists who recorded the material.

The bill would prohibit misleading uses of a recorded artist’s material or name in a musical act by those performing live. Reasons given for this bill include the way some bands play poorly and give the recorded band a bad name, undercutting sales of the recorded music and stealing the recorded group’s identity.

Some provisions are made in this bill for groups that wish to perform music live. A federal service mark protects the provider of services, such as a band, in the same way a trademark protects the products of the provider, such as the band’s name and slogans.

If a performing group is registered through the United States Patent and Trademark Office as the owner of the service mark, it has free rein.

Sophomore communicative disorders major Carly Dinnes thinks the proposed bill might cause some problems.

“A lot of people, like my brother-in-law, are middle-aged people who play for fun on the weekends,” she said. “They play to make some extra money to pay the bills and every year, they play to raise money for charities.”

Tribute bands might need to adjust a little, but other provisions make allowances for those who still wish to perform.

Those provisions are: when a member of the performing group was a member of the recording group and still holds legal rights to the material; if all advertising and promotional materials clearly identify that the performance is a salute or tribute; if the performance is in another state or if the recording group gives express authorization for a performance.

Overall, the bill is intended to help preserve the names of the bands, especially those that are well-known like the Beatles.

The full bill proposal can be found at www.legis.state.ia.us/aspx/Cool-ICE/DisplayBills.htm under Senate File No. 2089.
 

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