STAND. COM. REP. NO. 3747

Honolulu, Hawaii

RE: H.B. No. 1678

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1678, H.D. 1, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Prohibit a person from advertising or conducting a live musical performance using false, deceptive, or misleading affiliation, connection, or association with a performing group or a recording group; and

(2) Enable action against deceptive practices by imposing penalties and private rights of action.

Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs Office of Consumer Protection and Recording Industry Association of America.

Your Committee finds that over thirty states have passed Truth in Music Advertising laws, and other states utilize general deceptive acts or consumer protection laws to prevent cover bands and imposter performers from misappropriating the intellectual property of other artists. This measure adopts provisions of the model Truth in Music Advertising law to provide protections for Hawaii's performing artists and to protect the public from deceptive acts.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1678, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair