100.185 Fraud, advertising musical performances.
(1) Definitions. In this section:
(a) “Performing group" means a vocal or instrumental group that intends to advertise or perform under the name of a recording group.
(b) “Recording group" means a vocal or instrumental group to whom all of the following apply:
1. At least one member of the group has released a commercial sound recording under the name of a group.
2. The member identified in subd. 1. has a right by virtue of use or operation to perform under the name of the group that released the commercial sound recording, and the member has not abandoned the recording group's name or the member's affiliation with the group that released the commercial sound recording.
(c) “Sound recording" means a work that results from the fixation of a series of musical, spoken, or other sounds on a material object, including a disc, tape, or other phonorecord.
(2) Production. No person may 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. For purposes of this subsection, an advertisement, production, or performance is not false, deceptive, or misleading if any of the following applies:
(a) The performing group is the authorized registrant and owner of a service mark for that group registered in the U.S. patent and trademark office.
(b) At least one member of the performing group was a member of the recording group.
(c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the performing group is not so closely related or similar to the name of the recording group as to be misleading or confusing to a reasonable person.
(d) The performance or production is expressly authorized by the recording group.
(3) Enforcement.
(a) If the attorney general or a district attorney has reason to believe that a person is advertising or conducting or intends to advertise or conduct a live musical performance or production in violation of sub. (2), the attorney general or district attorney may bring an action in the name of the state against the person to restrain the violation by temporary or permanent injunction. If a court issues a permanent injunction against a violation of this section by a defendant, the court may also order the defendant to pay to a person injured by the violation any amounts or property the defendant obtained as a result of the violation.
(b) A court may require a person who violates sub. (2) to forfeit an amount not less than $5,000 nor more than $15,000 per violation. Each performance or production in violation of sub. (2) constitutes a separate violation.
History: 2007 a. 15.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 100 - Marketing; trade practices.
100.01 - Produce wholesalers, unfair conduct, liability for damages.
100.02 - Commission merchants, duties, must account.
100.025 - Classification of dairy heifer calves.
100.04 - Livestock production contracts.
100.05 - Butter and cheese manufacturers; accounts accessible.
100.057 - Wisconsin cheese logotype.
100.07 - Milk payments; audits.
100.14 - Uniform labels and trademarks.
100.15 - Regulation of trading stamps.
100.16 - Selling with pretense of prize; in-pack chance promotion exception.
100.174 - Mail-order sales regulated.
100.175 - Dating service contracts.
100.177 - Fitness center and weight reduction center contracts.
100.178 - Fitness center staff requirements.
100.18 - Fraudulent representations.
100.182 - Fraudulent drug advertising.
100.183 - Fraud, advertising foods.
100.184 - Advertising foods for sale.
100.185 - Fraud, advertising musical performances.
100.186 - Linseed oil, white lead, zinc oxide, turpentine; standards; sale.
100.187 - Sale of honey and Wisconsin certified honey; rules, prohibitions.
100.19 - Distribution methods and practices.
100.195 - Unfair billing for consumer goods or services.
100.197 - Patent notifications.
100.20 - Methods of competition and trade practices.
100.201 - Unfair trade practices in the dairy industry.
100.202 - Contracts in violation void.
100.203 - Vehicle protection product warranties.
100.205 - Motor vehicle rustproofing warranties.
100.206 - Music royalty collections; fair practices.
100.207 - Telecommunications services.
100.208 - Unfair trade practices in telecommunications.
100.209 - Video programming service subscriber rights.
100.2095 - Labeling of bedding.
100.21 - Substantiation of energy savings or safety claims.
100.22 - Discrimination in purchase of milk prohibited.
100.23 - Contract to market agricultural products; interference prohibited.
100.235 - Unfair trade practices in procurement of vegetable crops.
100.24 - Revocation of corporate authority.
100.261 - Consumer protection surcharge.
100.264 - Violations against elderly or disabled persons.
100.265 - List of gasohol and alternative fuel refueling facilities.
100.27 - Dry cell batteries containing mercury.
100.28 - Sale of cleaning agents and water conditioners containing phosphorus restricted.
100.285 - Reduction of toxics in packaging.
100.29 - Sale of nonrecyclable materials.
100.295 - Labeling of recycled, recyclable or degradable products.
100.297 - Plastic container recycled content.
100.305 - Prohibited selling practices during periods of abnormal economic disruption.
100.307 - Returns during emergency; prohibition.
100.31 - Unfair discrimination in drug pricing.
100.313 - Solicitation of a fee for providing a public record.
100.315 - Solicitation of contract using check or money order.
100.33 - Plastic container labeling.
100.335 - Child's containers containing bisphenol A.
100.36 - Frauds; substitute for butter; advertisement.
100.37 - Hazardous substances act.
100.383 - Antifreeze; bittering required.
100.43 - Packaging standards; poison prevention.
100.44 - Identification and notice of replacement part manufacturer.
100.45 - Mobile air conditioners.
100.46 - Energy consuming products.
100.47 - Sales of farm equipment.
100.48 - Hour meter tampering.
100.50 - Products containing or made with ozone-depleting substances.
100.51 - Motor fuel dealerships.
100.52 - Telephone solicitations.
100.525 - Telephone records; obtaining, selling, or receiving without consent.
100.53 - Vehicle rentals; title and registration fees.
100.54 - Access to credit reports.
100.545 - Security freezes for protected consumers.
100.55 - Furnishing or using certain consumer loan information to make solicitations.
100.57 - Tax preparers; privacy of client information.
100.60 - State renewable fuels goal.
100.65 - Residential contractors.
100.70 - Environmental, occupational health, and safety credentials.