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(127th General Assembly)
(Senate Bill Number 269)
To amend section 1345.51 and to enact sections
1349.80 to 1349.82 of the Revised Code to prohibit
any person from advertising or conducting a live
musical performance or production in Ohio through
the use of a false, deceptive, or misleading
affiliation, connection, or association between a
performing group and a recording group.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 1345.51 be amended and sections
1349.80, 1349.81, and 1349.82 of the Revised Code be enacted to
read as follows:
Sec. 1345.51. There is hereby created in the state treasury
protection enforcement fund. The fund shall include
ordered pursuant to divisions (A) and (D) of
section 1345.07 of the Revised
Code and paid as provided in
division (G) of that section, all civil penalties assessed under
division (A) of section 1349.192 or division (D) of section
1349.82 of the Revised Code, all costs awarded
to the attorney
general and all penalties imposed under section 4549.48 of the
Revised Code, and all money unclaimed under section 4549.50 of the
Code. The money in the consumer protection enforcement
fund shall be used for
the sole purpose of paying expenses
incurred by the consumer protection
section of the office of the
Sec. 1349.80. As used in this section and sections 1349.81
to 1349.83 of the Revised Code:
(A) "Performing group" means a vocal or instrumental group
seeking to use the name of a recording group that previously
released a commercial sound recording under the recording group's
(B) "Recording group" means a vocal or instrumental group
that includes at least one member who satisfies both of the
(1) The member previously released a commercial sound
recording under the vocal or instrumental group's name.
(2) The member has a legal right to the vocal or instrumental
group's name by virtue of use of or operation under that group
name or affiliation with the group.
(C) "Commercial 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, including, but not limited to, a compact disc, cassette
tape, or phonograph album in which sounds are embodied.
Sec. 1349.81. (A) Except as otherwise provided in division
(B) of this section, no person shall 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.
(B) Division (A) of this section does not apply to a person
if any of the following circumstances apply:
(1) 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.
(2) At least one member of the performing group is a member
of the recording group and has a legal right to that group name by
virtue of use or operation under the group name without having
abandoned the name or affiliation with the group.
(3) The live musical performance or production is identified
in all advertising and promotion for the performance as a salute
or tribute to the recording group.
(4) The advertising does not relate to a live musical
performance or production that the performing group conducts in
(5) The performance or production is authorized expressly in
writing by at least one member of the recording group.
Sec. 1349.82. (A) The attorney general may investigate any
person who has allegedly violated division (A) of section 1349.81
of the Revised Code. The attorney general has the same powers to
investigate an alleged violation of division (A) of section
1349.81 of the Revised Code as those powers specified in section
1345.06 of the Revised Code.
(B) If, after an investigation, the attorney general
determines that reasonable evidence exists of a violation of
division (A) of section 1349.81 of the Revised Code, the attorney
general, within seven days after that determination, shall send
the party who is the subject of the investigation, a written
notice, by regular mail, that includes all of the following:
(1) A description of the activity in which the party is
engaging or has engaged that allegedly violates that division;
(2) A statement that the attorney general will hold a hearing
regarding that alleged violation and the date and place of that
(3) A statement informing the party that the party or the
party's attorney may appear in person at the hearing and present
evidence and examine witnesses appearing for and against the
party, or the party may submit written testimony stating any
positions, arguments, or contentions.
(C) The attorney general shall conduct a hearing to hear the
testimony of all parties present pursuant to division (B)(3) of
this section and shall consider any written testimony submitted
pursuant to that division, and determine whether there has been a
violation of division (A) of section 1349.81 of the Revised Code.
The attorney general shall maintain a transcript of the
proceedings of the hearing and issue a written opinion to all
parties, citing the findings of the attorney general and grounds
for any action taken.
(D) If the attorney general finds, pursuant to a hearing held
in accordance with division (C) of this section, that a violation
of division (A) of section 1349.81 of the Revised Code has
occurred, the attorney general may assess a civil penalty of not
less than five thousand dollars nor more than fifteen thousand
dollars per violation. Each performance or production performed in
violation of division (A) of section 1349.81 of the Revised Code
constitutes a separate violation. The attorney general shall
determine the terms of payment. A civil penalty assessed under
this division shall be deposited into the consumer protection
enforcement fund, which is created in the state treasury under
section 1345.51 of the Revised Code. The civil penalty assessed
pursuant to this division is in addition to any other relief that
may be granted pursuant to division (E) of this section.
(E) In addition to any other action the attorney general
takes pursuant to this section, if the attorney general has reason
to believe that any person is violating or is about to violate
division (A) of section 1349.81 of the Revised Code and that
proceedings would be in the public interest, the attorney general
may bring an action in the name of the state against the person in
the court of common pleas in the county where the violation is
occurring or is about to occur to restrain by temporary or
permanent injunction the activity that results in the person
violating that division.
Whenever a court issues a permanent injunction to restrain
and prevent violations of division (A) of section 1349.81 of the
Revised Code as authorized under this division, the court may, in
its discretion, direct that the defendant restore to any person in
interest any moneys or property, real or personal, that may have
been acquired by means of any violation of division (A) of section
1349.81 of the Revised Code, under terms and conditions
established by the court.
SECTION 2. That existing section 1345.51 of the Revised Code
is hereby repealed.