Section 39-5-38 - Deceptive or misleading advertisement of live musical performance; injunction; penalty(A) For purposes of this section:(1) "performing person or group" means a vocal or instrumental performer seeking to use the name of another person or group that has previously produced or released, or both, a commercial recording;(2) "recording person or group" means a vocal or instrumental performer that has previously produced or released, or both, a commercial recording; and(3) "sound recording" means the fixation of a series of musical, spoken, or other sounds on a material object such as a disk, tape, or other phono-record on which the sounds are embodied.(B) It is an unlawful trade practice pursuant to Section 39-5-20 to advertise a live musical performance or production in South Carolina through the use of a false, deceptive, or misleading affiliation, connection, or association between the performing person or group with a recording person or group.(C) The advertisement of a live musical performance does not violate subsection (B) if the: (1) performing person or at least one member of the performing group was a member of the recording person or group and has a legal right by virtue of use or operation under the group name without having abandoned the name of affiliation with the group;(2) live musical performance or production is identified as a "salute" or "tribute" to, and is otherwise unaffiliated with, the recording person or group;(3) advertising does not relate to a live musical performance taking place in South Carolina;(4) performance is expressly authorized in the advertising by the recording person or group; or(5) performing group is the authorized registrant and owner of a federal service mark for that group and registered in the United States Patent and Trademark Office.(D)(1) A court of this State may issue a temporary or permanent injunction for a violation or attempted violation of this chapter where the court believes an injunction would best serve the public interest.(2) A court that issues a permanent injunction to restrain and prevent a violation of this section may order the enjoined party to restore to its legal owner money or property acquired by the enjoined party through a violation of this section.(E) A person who violates the provisions of this section is subject to a penalty of at least five thousand dollars and not more than fifteen thousand dollars for each violation.Amended by 2011 S.C. Acts, Act No. 60 (HB 4119), s 1, eff. 6/14/2011.2004 Act No. 204, Section 1, eff 4/26/2004. 2004 Act No. 204, Section 2, provides as follows:
"The penalties and remedies provided in this act are cumulative of and in addition to other provisions of law."