{"data":{"id":"us-ny/n.y.-arts-and-cultural-affairs-law-34.05","jurisdiction":"us-ny","citation":"N.Y. Arts and Cultural Affairs Law § 34.05","heading":"Production","body":"§ 34.05. Production. 1. No performing group shall use, advertise or\npromote a live musical performance or production through the use of a\nfalse, deceptive or misleading affiliation, connection or association\nbetween a recording group and a performing group where such performing\ngroup is seeking to use the same or a substantially similar name as such\nrecording group.\n  2. The provisions of subdivision one of this section shall not apply\nif:\n  (a) the performing group is the authorized registrant and owner of a\nfederal service mark for that recording group registered in the United\nStates Patent and Trademark Office;\n  (b) at least one member of the performing group was a member of the\nrecording group and has a legal right by virtue of use or operation\nunder the group name without having abandoned the name or affiliation\nwith the group;\n  (c) the live musical performance or production is identified in all\nadvertising and promotion as a salute or tribute;\n  (d) the advertising does not relate to a live musical performance or\nproduction taking place in this state; or\n  (e) the performance or production by the performing group with the\nsame or substantially similar name of a specific recording group is\nexpressly authorized by that recording group.","path":["Arts and Cultural Affairs Law","Title K. Trade-marks","Article 34. Live Musical Performance and Productions"],"source_url":"https://legislation.nysenate.gov/api/3/laws/ACA/34.05","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:44Z","sha256":"a290c9919de320f83fc14f4010d1a58717bb6d2c3bbdf40aef6b3b24a3197a9f","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-arts-and-cultural-affairs-law-34.03","next":"us-ny/n.y.-arts-and-cultural-affairs-law-34.07"},"notice":"GroundRules: Original legal text. Not legal advice."}