BEA FOGELMAN

Director/Editor/Referral Agent of the Network – spent her younger years as a singer in the Big Band era, (Johnny Long, Charlie Barnet & others), scriptwriter, event planner & a short stint in television & commercials. When the family moved from Detroit, to the San Fernando Valley in California and later to Las Vegas, her career focused on Law and Real Estate. Upon retirement, her career as a published author of 9 books is paused with her work in the Entertainment Network. She is married to Leo, a retired Pharmacist. Bea@BeaFogelman.com
 
The TRUTH about the TRUTH in MUSIC LAW

By Bea Fogelman

Nearly every State has passed the “Truth in Music” law and the bill is headed for federal passage prohibiting acts that bear the names of music artists … or groups without at least one original member of the group … from advertising the name of the artist or group. In a few states the bill is called “The Truth in Music Advertising Act” and fines range from $1,500 to $15,000.

Exempt, at this time, are performers who clearly advertise that they are Tribute Artists of the celebrities they emulate. Let the truth be known that most music fans don’t care that they are not viewing the original members of a group, band or artist; they enjoy hearing the performances of their favorites as they were in their prime.
If fans are fooled in believing they are seeing a viewing of, or attending a show of, the real celebrities, living or dead, that would make a legal case for fraud.

The Truth in Music Bill was created to protect the original artists, living or dead, from Identity theft and to protect the consumer from being mis-lead to believe they are seeing the legendary artists that made their music famous – when in fact they are not.
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Dear Tribute Artists: The Truth in Music Law has a very long reach.
Now is the time to make sure you conform to the law that does not give you a carte blanche to do whatever you want to do as a tribute artist. There is a requirement that you advertise yourself as a tribute artist at all times. You cannot permit a producer, agent or a promoter to represent you as the celebrity without presenting you, in your name or stage name, as a tribute artist.

Presenting yourself as a “tribute artist” is not enough.
Now is the time to check into how you are being represented through the press, your websites … and the advertising and websites of the agents and producers who book you. “The Truth in Music Advertising Law” prohibits false and misleading representation like names, billings and promotions similar to the original artists even if the tribute artists have valid licenses to those trademarks.

Although an advertisement or a website may be assumed to be exclusively representing tribute artists or celebrity impersonators, the artist must share in the responsibility with the agent or producer that what is on the advertising or website is correct and professional. Law firms who represent living celebrities and heirs of deceased artists now have a good, strong enforcement of the law… and they are watching…

NOTE: one red flag is the tribute artist’s photo with the name of the real celebrity under the photo … as well as photos of the real celebrities included without the celebrity’s permission. And… wherever you appear…make sure that your audience is aware that you are a tribute artist. The lawyers are watching under the authority of “The Truth in Music Law”… If you want to work, do it right.