RSA Chapter 357-F — Disclosure of Information Relating to Musical Performances

Title XXXI — Trade and Commerce

Current through the 2025 Regular Session of the New Hampshire General Court.

Title XXXI Trade and Commerce

RSA 357-F:1 Definitions

In this chapter:

I. "Musical performance" means a musical performance, show, concert or other cultural event which includes vocal performances.

II. "Person" means any corporation, company, association, firm, partnership, and joint stock company as well as any individual.

III. "Place of musical entertainment" means any privately or publicly owned and operated entertainment facility within the state, such as a theater, stadium, arena or other place where musical performances are held and for which an entry fee is charged.

IV. "Promoter" means any person who produces, arranges, or stages a musical performance.

V. "Ticket" means any piece of paper which indicates that the bearer has paid for entry or other evidence which permits entry to a place of musical entertainment.

VI. "Ticket agent" means any person who is involved in the business of selling or reselling tickets or admission to a musical performance who charges a premium in excess of the price, plus taxes, printed on the ticket.

Source. 1992, 236:1, eff. Jan. 1, 1993.

RSA 357-F:2 Disclosure Required

When the promoter knows, prior to the sale of any tickets for a musical performance which includes, either in whole or in part, vocal performances, the promoter shall disclose whether all the lead vocals consist of played recordings rather than the actual singing of those vocalists during that performance. The disclosure required under this section shall consist of the following:

I. Notice, in writing, to the place of musical entertainment where the musical performance is to be held; and

II. Notice, in writing, to every ticket agent receiving tickets for the musical performance in which all the lead vocals consist of played recordings rather than the actual singing of those vocalists.

Source. 1992, 236:1, eff. Jan. 1, 1993.

RSA 357-F:3 Duties of Place of Musical Entertainment

I. A place of musical entertainment shall, upon receipt of a promoter's disclosure that all the lead vocals consist of played recordings rather than the actual singing of those vocalists, print on the face of each ticket, in a prominent and conspicuous manner, substantially the following: "(Insert name of lead vocalist or musical group) VOCALS PRE-RECORDED."

II. In addition to the requirements under paragraph I, the place of musical entertainment shall, in each advertisement for that musical performance, provide the following:

(a) In each printed advertisement in a prominent and conspicuous manner, a disclosure that either all the lead vocals consist of played recordings rather than the actual singing of the lead vocalists. The disclosure shall consist of substantially the following: "(Insert name of lead vocalist or musical group) VOCALS ARE PRE-RECORDED."

(b) In each radio or telecommunication advertisement in a clear and prominent manner, a statement consisting of substantially the following statement: "THE LEAD VOCALS IN THIS MUSICAL PERFORMANCE ARE PRE-RECORDED AND WILL NOT ACTUALLY BE SUNG BY (Insert name of lead vocalist or musical group) DURING THIS SHOW."

Source. 1992, 236:1, eff. Jan. 1, 1993.

RSA 357-F:4 Duties of Ticket Agent

Every ticket agent receiving tickets for sale or resale to a musical performance in which all the lead vocals consist of played recordings rather than the actual singing of the lead vocalists, shall:

I. Display, in a location immediately adjacent to the booth, counter, or window where the tickets are sold, a prominent and conspicuous notice consisting of substantially the following: "THE LEAD VOCALS IN (Insert name of musical performance) ARE PRE-RECORDED AND WILL NOT ACTUALLY BE SUNG BY (Insert name of lead vocalist or musical group) DURING THIS SHOW."

II. State, prior to the completion of any telephone sales transaction involving tickets to a musical performance in which all the lead vocals consist of played recordings rather than the actual singing of the lead vocalists, substantially the following: "THE LEAD VOCALS IN (Insert name of musical performance) ARE PRE-RECORDED AND WILL NOT ACTUALLY BE SUNG BY (Insert name of lead vocalist or musical group) DURING THIS SHOW."

Source. 1992, 236:1, eff. Jan. 1, 1993.

RSA 357-F:5 Penalties

Notwithstanding title LXII:

I. Any ticket agent who violates the provisions of RSA 357-F:4 shall be guilty of a misdemeanor.

II. Any promoter or place of musical entertainment violating the provisions of this chapter shall be guilty of a misdemeanor.

Source. 1992, 236:1, eff. Jan. 1, 1993.

RSA 357-F:6 Enforcement

The attorney general shall enforce the provisions of this chapter and shall adopt such rules, pursuant to RSA 541-A, as he deems reasonable and necessary in order to properly carry out his duties under this chapter.

Source. 1992, 236:1, eff. Jan. 1, 1993.