IC 24-5-25
    Chapter 25. Truth in Music Advertising

IC 24-5-25-1
"Performing group"
    Sec. 1. As used in this chapter, "performing group" means a vocalor an instrumental group seeking to use the name of another groupthat has previously released a commercial sound recording under thename of the other group.
As added by P.L.56-2008, SEC.1.

IC 24-5-25-2
"Recording group"
    Sec. 2. As used in this chapter, "recording group" means a vocalor an instrumental group, at least one (1) of whose members hasreleased a commercial sound recording under the group's name, andin which the member or members:
        (1) have a legal right by virtue of use or operation under thegroup's name;
        (2) have not abandoned the name; and
        (3) have not abandoned affiliation with the group.
As added by P.L.56-2008, SEC.1.

IC 24-5-25-3
"Sound recording"
    Sec. 3. As used in this chapter, "sound recording" means a workthat results from the placement on a material object of a series ofmusical, spoken, or other sounds regardless of the nature of thematerial object, such as a compact disc, cassette, tape, or phonographrecord, in which the sounds are placed.
As added by P.L.56-2008, SEC.1.

IC 24-5-25-4
Prohibited conduct; exceptions
    Sec. 4. (a) Except as provided in subsection (b), a person, otherthan a media source that carries advertising or a press release for theperformance or production, may not advertise or conduct a livemusical performance or production in Indiana through actions thatfalsely, deceptively, or misleadingly imply the existence of anaffiliation, a connection, or an association between a performinggroup and a recording group.
    (b) This section does not apply if:
        (1) the performing group is the authorized registrant and ownerof a federal service mark for the recording group with the samename registered in the United States Patent and TrademarkOffice;
        (2) at least one (1) member of the performing group was amember of the recording group and:
            (A) has a legal right by virtue of use or operation under thegroup name;            (B) has not abandoned the name; and
            (C) has not abandoned affiliation with the group;
        (3) the live musical performance or production is identified inall advertising and promotion as a salute or tribute;
        (4) the advertising does not relate to a live musical performanceor production taking place in Indiana; or
        (5) the performance or production is expressly authorized by therecording group.
As added by P.L.56-2008, SEC.1.

IC 24-5-25-5
Action to enjoin
    Sec. 5. The attorney general or any aggrieved person may bring anaction to enjoin a person from violating section 4 of this chapter. Ifan injunction is issued, the court may order the defendant to restoreto any person in interest any money or property that was acquired bymeans of a violation of this chapter.
As added by P.L.56-2008, SEC.1.

IC 24-5-25-6
Penalties
    Sec. 6. A person who violates section 4 of this chapter commitsa Class A infraction. Each performance or production in violation ofsection 4 of this chapter constitutes a separate violation.
As added by P.L.56-2008, SEC.1.