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October 18, 2022 | Press Statements

Truth In Musical Advertising Act Brings Kentucky into Digital Age Protection

FRANKFORT, KENTUCKY (October 18, 2022) – Kentucky is leading other states in enacting laws that protect recording artists and listeners believing they are consuming original works. Senate Bill 272, also known as the Kentucky True Origin of Digital Goods and Truth in Musical Advertising Act, was sponsored by Senator Whitney Westerfield, R-Crofton, during the 2022 General Assembly and the bill was signed into law March 30, 2022.

Westerfield has become the de facto champion for legislation addressing the evolving need for consumer protection in this digital age.

“Artists deserve the protection this law now provides to them and the music they’ve worked hard to perfect,” said Westerfield. “There are now civil penalties and the Attorney General or county attorney can make a case against those who would deceive the public into believing they are getting the original when, in fact, they are getting a tribute band.  It might be a great tribute band, but it is not the original.”

Ralph Fernandez, Recording Industry Association of America (RIAA) senior vice president for state public policy and industry relations, paid a visit to Frankfort to personally thank Westerfield and Senate President Robert Stivers, R-Manchester, for their work to protect recording artists. He presented each with special Gold and Platinum plaques to commemorate their efforts,

“RIAA is dedicated to ensuring artists and recording companies are compensated fairly for their work, helping legacy artists maintain the rights to their original music, and allowing them to continue to make a living wage as music performers,” said Fernandez. “This new legislation keeps tribute musicians from advertising as if they were the actual artists and protects the people who matter most: music fans.”

RIAA represents numerous iconic record labels—including Atlantic, Capitol, RCA, Warner Records, Columbia and Motown—behind today’s most popular artists. The trade organization advocates to protect artists’ creative freedom and promote the unique work that labels do to support them.

Stivers likened the Kentucky True Origin of Digital Goods and Truth in Musical Advertising Act to Senate Bill 6, related to Name, Image and Likeness, which enables college athletes to sign with an agent and profit from their sweat equity in sports.  Senate Bill 6 also passed in 2022 by the Kentucky General Assembly and was signed into law on March 9, 2022.

“This law makes sure any company that distributes commercial recordings online will be transparent with its true name and address on their website,” said Stivers. “This is just like NIL in that it protects an individual who has poured their heart and soul into their music to earn a living. No one should be able to take that away from the original artist.”

Sites are subject to monitoring and they may be removed from the internet if they misrepresent themselves.

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ABOUT RIAA: The Recording Industry Association of America® advocates for recorded music and the people and companies that create it in the United States. RIAA’s several hundred members – ranging from major American music groups with global reach to artist-owned labels and small businesses – make up the world’s most vibrant and innovative music community, working to help artists reach their potential and connect with fans while supporting hundreds of thousands of American jobs. Visit riaa.com.

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