STAND. COM. REP. NO. 144-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 1678

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Tourism & International Affairs, to which was referred H.B. No. 1678 entitled:

"A BILL FOR AN ACT RELATING TO MUSICAL PERFORMANCES,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Prohibit a person from advertising or conducting a live musical performance or production through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and recording group, with certain exceptions; and

(2) Allow a court to grant restitution.

Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs' Office of Consumer Protection and one individual.

Your Committee finds that famous legacy musical acts or recording groups perform in various venues throughout the State, as do tribute bands or groups. Due to certain advertising practices, consumers in Hawaii may sometimes be confused or unsure as to whether various musical acts are the original legacy musical act or a tribute act. This measure seeks to protect the intellectual property of musical artists and protect consumers from deceptive practices by prohibiting advertising or conducting of live performances of legacy musical acts unless certain conditions are met.

As affirmed by the record of votes of the members of your Committee on Tourism & International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1678 and recommends that it pass Second Reading and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Tourism & International Affairs,

____________________________

RICHARD H.K. ONISHI, Chair