Section 17.902 - Unauthorized Advertisement, Promotion, or Conduction of Certain Live Musical Performances A person may not advertise, promote, or conduct a live musical performance in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a recording group and a performing musical group. An act is not considered a violation of this section if:
(1) the performing musical group is the authorized registrant and owner of a federal service mark for the recording group that is registered in the United States Patent and Trademark Office;(2) at least one member of the performing musical group is or was a member of the recording group and that member has a legal right to use or operate under the name of the recording group without abandoning the name or affiliation with the recording group;(3) the live musical performance is identified in all advertisements or other promotions for the event as being conducted as a "salute" or "tribute" to the recording group;(4) the advertisement or promotion relates to a live musical performance that is to take place outside of this state; or(5) the live musical performance is expressly authorized by each member of the recording group.Tex. Bus. and Comm. Code § 17.902
Added by Acts 2007, 80th Leg., R.S., Ch. 595, Sec. 1, eff. 9/1/2007.