C.R.S. Section 6-1-719
Truth in music advertising

(1)

Definitions.
As used in this section, unless the context otherwise requires:

(a)

“Performing group” means a vocal or instrumental group seeking to use the name of a recording group.

(b)

“Recording group” means a vocal or instrumental group, at least one of whose members has previously released a commercial sound recording under that group’s name and in which at least one of the members 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)

“Sound recording” means a work that results from the fixation, on or in a recording medium or other material object, of a series of musical, spoken, or other sounds regardless of the nature of the medium or object, such as a disk, tape, or other phono record, in which the sounds are recorded.

(2)

Production.

(a)

Except as otherwise provided in paragraph (b) of this subsection (2), it is unlawful for any person to advertise or conduct a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group.

(b)

Paragraph (a) of this subsection (2) does not apply if:

(I)

The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States patent and trademark office;

(II)

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;

(III)

The live musical performance or production is identified in all advertising and promotion as a salute or tribute;

(IV)

The advertising does not relate to a live musical performance or production taking place in this state; or

(V)

The performance or production is expressly authorized by the recording group.

(3)

Restraining prohibited acts.
In addition to the actions and remedies specified in part 1 of this article that may apply:

(a)

Injunction.
Whenever the attorney general or a district attorney has reason to believe that a person is advertising, conducting, or about to advertise or conduct a live musical performance or production in violation of this section and that proceedings would be in the public interest, the attorney general or district attorney may bring an action in the name of the state against the person to restrain that practice by temporary or permanent injunction.

(b)

Payment of costs and restitution.
Whenever a court issues a permanent injunction to restrain and prevent violations of this section as authorized in paragraph (a) of this subsection (3), the court may, in its discretion, direct that the defendant restore to any person in interest any moneys or property, real or personal, that may have been acquired by means of a violation of this section, under terms and conditions to be established by the court.

(c)

Penalty.
A person who violates this section is liable to the state for a civil penalty of not less than five thousand dollars nor more than fifteen thousand dollars per violation, which civil penalty shall be in addition to any other relief that may be granted under this subsection (3) but which shall not be cumulative with the penalty specified in section 6-1-112. Each performance or production that violates this section constitutes a separate violation.

Source: Section 6-1-719 — Truth in music advertising, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-06.­pdf (accessed Oct. 20, 2023).

6‑1‑101
Short title 6‑1‑102
Definitions 6‑1‑103
Attorney general and district attorneys concurrently responsible for enforcement 6‑1‑104
Cooperative reporting 6‑1‑105
Unfair or deceptive trade practices 6‑1‑106
Exclusions 6‑1‑107
Powers of attorney general and district attorneys 6‑1‑108
Subpoenas - hearings - rules 6‑1‑109
Remedies 6‑1‑110
Restraining orders - injunctions - assurances of discontinuance 6‑1‑111
Information and evidence confidential and inadmissible - when 6‑1‑112
Civil penalties 6‑1‑113
Civil actions - damages - other relief - class actions 6‑1‑114
Criminal penalties 6‑1‑115
Limitations 6‑1‑116
Investigation of unfair business practices by regulated persons - district attorney requests for records from licensing authorities - interagency agreements with attorney general - legislative declaration - definitions 6‑1‑201
Definitions 6‑1‑202
Prohibited act 6‑1‑203
Collision damage waiver form - requirements - failure to comply 6‑1‑204
Prohibited exclusion 6‑1‑205
Information to be disclosed in advertisements for rental agreements for rental motor vehicles 6‑1‑206
Additional mandatory charges - required disclosures - definitions 6‑1‑207
Adaptive equipment in rental motor vehicles - requirements - failure to comply - legislative declaration - definitions 6‑1‑301
Legislative declaration 6‑1‑302
Definitions 6‑1‑303
Registration of commercial telephone sellers 6‑1‑304
Unlawful telemarketing practices 6‑1‑305
Penalties 6‑1‑401
Legislative intent 6‑1‑402
Definitions 6‑1‑403
Express warranty required - authorized servicers 6‑1‑404
Remedies 6‑1‑405
Remedies for consumers of purchased wheelchairs - conditions 6‑1‑406
Remedies for consumers of leased wheelchairs - conditions 6‑1‑407
Resale of a returned wheelchair - disclosure required 6‑1‑408
Other remedies - waiver of rights void 6‑1‑409
Fraudulent acts 6‑1‑410
Arbitration 6‑1‑411
Defect notification 6‑1‑412
Disclosures 6‑1‑501
Definitions 6‑1‑502
Express warranty required - authorized servicers 6‑1‑503
Remedies 6‑1‑504
Remedies for consumers of purchased facilitative devices - conditions 6‑1‑505
Remedies for consumers of leased facilitative devices - conditions 6‑1‑506
Resale of a returned facilitative device - disclosure required 6‑1‑507
Other remedies - waiver of rights void - limitation of coverage 6‑1‑508
Fraudulent acts 6‑1‑509
Arbitration 6‑1‑510
Defect notification 6‑1‑511
Disclosures 6‑1‑701
Dispensing hearing aids - deceptive trade practices - definitions 6‑1‑702
Unsolicited facsimiles - deceptive trade practice - definitions 6‑1‑702.5
Commercial electronic mail messages - deceptive trade practice - remedies - definitions - short title - legislative declaration 6‑1‑703
Time shares and resale time shares - deceptive trade practices 6‑1‑703.5
Time share resale transfer agreements - deceptive trade practices 6‑1‑704
Health clubs - deceptive trade practices 6‑1‑705
Dance studios - deceptive trade practices 6‑1‑706
Buyers’ clubs - deceptive trade practices 6‑1‑707
Use of title or degree - deceptive trade practice 6‑1‑708
Vehicle sales and leases - deceptive trade practice - definition 6‑1‑709
Sales of manufactured and tiny homes - deceptive trade practices 6‑1‑710
Trafficking of false airbag - deceptive trade practices - criminal liability - definitions 6‑1‑711
Restrictions on credit card receipts - legislative declaration - application - definitions 6‑1‑712
Discount health plan and cards - deceptive trade practices - definitions 6‑1‑713
Disposal of personal identifying information - policy - definitions 6‑1‑713.5
Protection of personal identifying information - definition 6‑1‑714
Unfair drug pricing practice - deceptive trade practice - definitions 6‑1‑715
Confidentiality of social security numbers 6‑1‑716
Notification of security breach 6‑1‑717
Influencing a real estate appraisal - deceptive trade practice 6‑1‑718
Ticket sales and resales - prohibitions - unlawful conditions - definitions 6‑1‑719
Truth in music advertising 6‑1‑720
Online event ticket sales - deceptive trade practice - definitions 6‑1‑721
Like-kind exchanges by exchange facilitators - deceptive trade practice - definitions 6‑1‑722
Gift certificates - validity - exemptions - definitions 6‑1‑723
Cathinone bath salts - deceptive trade practice 6‑1‑724
Unlicensed alternative health-care practitioners - deceptive trade practices - short title - legislative declaration - definitions 6‑1‑725
Synthetic cannabinoids - incense - deceptive trade practice 6‑1‑726
Sale of public services - deceptive trade practice - definition 6‑1‑727
Immigration-related services provided by nonattorneys - deceptive trade practice - definitions 6‑1‑728
Solicitation of fee for a deed or deed of trust - definitions 6‑1‑729
Assisted living residence referral - disclosures - penalty - fine - definitions 6‑1‑730
Price gouging during declared disaster prohibited - deceptive trade practice - legislative declaration - definitions 6‑1‑731
Contracts for dating services and online dating services - right of cancellation - remedy for violations - required notice regarding fraud bans - definitions 6‑1‑732
Automatic renewal contracts - unlawful acts - required disclosures - right to cancel - trial period offers - exemptions - definitions 6‑1‑733
Solicitations to file a secretary of state document or retrieve a copy of a public record for a fee - requirements - definition 6‑1‑734
Access to abortion services and emergency contraception - deceptive trade practice - definitions 6‑1‑801
Legislative finding, declaration, and intent 6‑1‑802
Definitions 6‑1‑803
Prohibited practices and required disclosures 6‑1‑804
Exemptions 6‑1‑901
Short title 6‑1‑902
Legislative declaration 6‑1‑903
Definitions 6‑1‑904
Unlawful to make telephone solicitations to subscribers on the Colorado no-call list - requirements for telephone solicitations generally 6‑1‑905
Establishment and operation of a Colorado no-call list 6‑1‑906
Enforcement - penalties - defenses 6‑1‑907
Acceptance of gifts, grants, and donations 6‑1‑908
Severability 6‑1‑1001
Restrictions on use of loan information for solicitations - definition 6‑1‑1101
Short title 6‑1‑1102
Legislative declaration 6‑1‑1103
Definitions 6‑1‑1104
Foreclosure consulting contract 6‑1‑1105
Right of cancellation 6‑1‑1106
Waiver of rights - void 6‑1‑1107
Prohibited acts 6‑1‑1108
Criminal penalties 6‑1‑1109
Unconscionability 6‑1‑1110
Language 6‑1‑1111
Written contract required 6‑1‑1112
Written contract - contents - notice 6‑1‑1113
Cancellation 6‑1‑1114
Notice of cancellation 6‑1‑1115
Options through reconveyances 6‑1‑1116
Waiver of rights - void 6‑1‑1117
Prohibited conduct 6‑1‑1118
Criminal penalties 6‑1‑1119
Unconscionability 6‑1‑1120
Language 6‑1‑1121
Short sales - subsequent purchaser - definition 6‑1‑1201
Short title 6‑1‑1202
Definitions 6‑1‑1203
Insurance coverage during car sharing period 6‑1‑1204
Notification of implications of lien 6‑1‑1205
Liability - exclusions for personal automobile liability insurance policy - indemnification 6‑1‑1206
Prohibition on exclusion of coverage for car sharing 6‑1‑1207
Record keeping 6‑1‑1208
Federal law - vicarious liability 6‑1‑1209
Insurable interest 6‑1‑1210
Required disclosures and notices 6‑1‑1211
Driver’s license verification and data retention 6‑1‑1212
Shared car equipment 6‑1‑1213
Safety recalls 6‑1‑1214
Enabling operation at airport 6‑1‑1301
Short title 6‑1‑1302
Legislative declaration 6‑1‑1303
Definitions 6‑1‑1304
Applicability of part 6‑1‑1305
Responsibility according to role 6‑1‑1306
Consumer personal data rights - repeal 6‑1‑1307
Processing de-identified data 6‑1‑1308
Duties of controllers 6‑1‑1309
Data protection assessments - attorney general access and evaluation - definition 6‑1‑1310
Liability 6‑1‑1311
Enforcement - penalties - repeal 6‑1‑1312
Preemption - local governments 6‑1‑1313
Rules - opt-out mechanism 6‑1‑1401
Definitions 6‑1‑1402
Disclosure of information by online marketplaces to inform consumers 6‑1‑1403
Enforcement 6‑1‑1404
Preemption 6‑1‑1501
Short title 6‑1‑1502
Definitions 6‑1‑1503
Powered wheelchair manufacturer obligations regarding services - exemptions 6‑1‑1504
Limitations 6‑1‑1505
Federal legislation on right to repair agricultural equipment - repeal - notice to revisor
Green check means up to date. Up to date

Current through Fall 2024

§ 6-1-719’s source at colorado​.gov