ASSEMBLY OK'S VAN DREW/ALBANO BILL TO PENALIZE BANDS THAT FALSELY ADVERTISE THEIR AUTHENTICITY

(TRENTON) - The Assembly today passed legislation Assemblymen Jeff Van Drew and Nelson Albano sponsored to penalize tribute bands or other musical groups caught falsely advertising their authenticity.
"This is a fairness issue. Concertgoers who pay to see a band perform deserve to know if that band is the original band or a tribute group," said Van Drew (D-Cape May). "Any tribute band or group that deceives the public about their authenticity should be penalized under the Consumer Fraud Act for false advertising."

Van Drew and Albano crafted the measure (A-3102) to prevent tribute bands or musical groups from falsely advertising their authenticity to make concertgoers think they are a different, original, or more famous group to generate ticket sales.

Musical legends like Danny and the Juniors and Bowzer from Sha Na Na reached out to Van Drew and Albano to ask them to craft the measure, and supported the bill when it was before the Assembly Tourism and Gaming Committee.

Any tribute band or group caught misleading the public could face fines up to $20,000 under the Consumer Fraud Act. Violations also could be subject to cease and desist orders by the New Jersey Attorney General, the assessment of punitive damages and the awarding of damages to the original band.

"Fans do not deserve to get duped by tribute bands that are looking to make an extra buck," said Albano (D-Cumberland). "We must make certain tribute bands advertise their music accurately so fans of this great music know what they are getting when they purchase a ticket."

The Van Drew/Albano bill would make it unlawful for a band or group to advertise a performance that uses an association with another band name unless:
- The advertising musicians own the patent or trademark on the song or band title;
- At least one member of the advertising band was a member of the original band and has legal rights to the band name or trademark;
- The advertisement is clearly billed as a salute or tribute;
- The advertisement does not relate to any performance taking place in New Jersey;
- The performance is expressly authorized by the original group.

The measure also is sponsored by Assembly members Nilsa Cruz-Perez (D-Camden) and Neil Cohen (D-Union).

The bill passed 75-0. It now heads to the Senate for further consideration.

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For Release:
February 22, 2007

Contact:
Assemblyman Jeff Van Drew
Assistant Majority Leader
P: (609) 465-0700

Assemblyman Nelson T. Albano
P: (609) 465-0700

John Duthie
(609) 292-7065