STATE STATUTES & CODES
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NORTH CAROLINA STATUTES AND CODES
§ 75-126. Production.
§ 75‑126. Production.
No person shall advertise orconduct a live musical performance or production in this State through the useof a false, deceptive, or misleading affiliation, connection, or associationbetween a performing group and a recording group. This section does not applyif any of the following apply:
(1) The performing groupis the authorized registrant and owner of a federal service mark for that groupregistered in the United States Patent and Trademark Office.
(2) At least one memberof the performing group was a member of the recording group and has a legalright by virtue of use or operation under the group name without havingabandoned the name or affiliation with the group.
(3) The live musicalperformance or production is identified in all advertising and promotion as asalute or tribute, or the vocal or instrumental group performing is not soclosely related or similar to that used by the recording group that it wouldtend to confuse or mislead the public.
(4) The advertising doesnot relate to a live musical performance or production taking place in thisState.
(5) The performance orproduction is expressly authorized by the recording group. (2009‑284, s. 1.)