Think that obscure band name nobody but you has thought up is cool for your rag-tag group of musical renegades ready to move from the garage to the stage? You may want to double-check it, or you could get in trouble with Johnny Law.
Illustration by Johnny Ryan
Under a bill ready to be signed by the governor called the “Truth in Music” bill, any performer, artist or band who knowingly advertises and performs under the name of a similar artist without having at least one of the original members performing may be held liable for damages against the original artist, be prosecuted under Nevada’s deceptive trade laws and be subject to thousands of dollars in fines, restitution and a possible felony conviction.
“I think it’s a necessary law on many levels,” says Nevada Republican state Sen. Joe Heck.
The legislation, which was sponsored by Heck, came after former Supremes singer and local resident Mary Wilson complained to the senator about how she and other artists popular in the 1960s were being ripped off by performers impersonating or performing under the same name as past group like The Supremes.
“[Wilson] is an entertainer and [allowing other artists to perform using her fame] could put her out of work,” says Norm Johnson, Wilson’s spokesperson.But to Heck, the legislation is about more than just protecting the rights of artists who have over the course of time become obscure. It’s about telling the truth to the consumer.“
Musical groups using other groups’ names improperly causes the public harm and is a deceptive trade practice,” Heck says. “That would lead to confusion of the consumer. That is still a violation of law.”