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New York Consolidated Laws, Arts and Cultural Affairs Law - ACA § 34.05. Production

Current as of January 01, 2026 | Updated by Findlaw Staff

1. No performing group shall use, advertise or promote a live musical performance or production through the use of a false, deceptive or misleading affiliation, connection or association between a recording group and a performing group where such performing group is seeking to use the same or a substantially similar name as such recording group.

2. The provisions of subdivision one of this section shall not apply if:

(a) the performing group is the authorized registrant and owner of a federal service mark for that recording group registered in the United States Patent and Trademark Office;

(b) at least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group;

(c) the live musical performance or production is identified in all advertising and promotion as a salute or tribute;

(d) the advertising does not relate to a live musical performance or production taking place in this state;  or

(e) the performance or production by the performing group with the same or substantially similar name of a specific recording group is expressly authorized by that recording group.

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Cite this article: FindLaw.com - New York Consolidated Laws, Arts and Cultural Affairs Law - ACA § 34.05. Production - last updated January 01, 2026 | https://codes.findlaw.com/ny/arts-and-cultural-affairs-law/aca-sect-34-05/

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