Bill description: SB 1369 prohibits a performing group or musical promoter from using a name that might be confused with that of an existing recording group.
Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?
SB 1369 prohibits anyone from advertising or conducting a live musical performance by a performing group that uses a "false, deceptive, or otherwise misleading affiliation, connection, or association" between the performing group and a recording group of "the same or substantially similar name."
This prohibition applies to any live musical performance occurring in Idaho or that is "streamed or broadcast into Idaho." Without any clarifying definition of this language, it could potentially include local concerts in other states or even other countries, which are broadcast via Facebook Live or other free, consumer video sharing platforms.
Among other concerns with these regulations, there is no requirement that the advertising in question be intended to deceive or mislead anyone.
How many performing groups already have a name that is the same as or substantially similar to that of other existing recording groups?
Consider the following examples:
The well-known American band Nirvana and a UK band from 1965, also called Nirvana.
The UK band the Black Tambourines and the D.C. noise pop band Black Tambourine.
The American prog-metal band Ice Age, the Swedish thrash metal band Ice Age, and the Danish post-punk band Iceage.
Hundreds of other examples can be found at this link.
SB 1369 would impose undue hardship on a performing group that has the same or similar name as an existing recording group, even if there is no intent to deceive or mislead.
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