{"data":{"id":"us-sc/s.c.-code-ann.-39-5-38","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 39-5-38","heading":"Deceptive or misleading advertisement of live musical performance; injunction; penalty.","body":"(A) For purposes of this section:\n(1) \"performing person or group\" means a vocal or instrumental performer seeking to use the name of another person or group that has previously produced or released, or both, a commercial recording;\n(2) \"recording person or group\" means a vocal or instrumental performer that has previously produced or released, or both, a commercial recording; and\n(3) \"sound recording\" means the fixation of a series of musical, spoken, or other sounds on a material object such as a disk, tape, or other phono-record on which the sounds are embodied.\n(B) It is an unlawful trade practice pursuant to Section 39-5-20 to advertise a live musical performance or production in South Carolina through the use of a false, deceptive, or misleading affiliation, connection, or association between the performing person or group with a recording person or group.\n(C) The advertisement of a live musical performance does not violate subsection (B) if the:\n(1) performing person or at least one member of the performing group was a member of the recording person or group and has a legal right by virtue of use or operation under the group name without having abandoned the name of affiliation with the group;\n(2) live musical performance or production is identified as a \"salute\" or \"tribute\" to, and is otherwise unaffiliated with, the recording person or group;\n(3) advertising does not relate to a live musical performance taking place in South Carolina;\n(4) performance is expressly authorized in the advertising by the recording person or group; or\n(5) performing group is the authorized registrant and owner of a federal service mark for that group and registered in the United States Patent and Trademark Office.\n(D)(1) A court of this State may issue a temporary or permanent injunction for a violation or attempted violation of this chapter where the court believes an injunction would best serve the public interest.\n(2) A court that issues a permanent injunction to restrain and prevent a violation of this section may order the enjoined party to restore to its legal owner money or property acquired by the enjoined party through a violation of this section.\n(E) A person who violates the provisions of this section is subject to a penalty of at least five thousand dollars and not more than fifteen thousand dollars for each violation.","path":["Title 39 - TRADE AND COMMERCE","CHAPTER 5 Unfair Trade Practices","ARTICLE 1 General Provisions"],"source_url":"https://www.scstatehouse.gov/code/t39c005.php","current_through":"2025 Session of the General Assembly","vintage":"","retrieved_at":"2026-09-02T07:16:34Z","sha256":"af85b1d16b15f37c0fd1f3781b15b767859a3f418a4cb918d49c90cabf1d5e3e","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-39-5-37","next":"us-sc/s.c.-code-ann.-39-5-39"},"notice":"GroundRules: Original legal text. Not legal advice."}