STATE
GOVERNMENT
Bill would protect bands, acts from
impostors Leaders hope to end beach
music legal wrangling By Kent
Kimes The Sun
News
Will the real Drifters, Platters, Coasters or Tams please stand
up?
Gov. Mark Sanford is expected to sign a bill designed to protect
music fans from being duped by impostor bands and acts, a measure
sponsored by Rep. John "Bubber" Snow and supported by the Beach
Music Association International and the Recording Industry
Association of America.
The legislation will require performances in South Carolina to be
identified as a "salute" or "tribute" if the group in question does
not contain at least one original member of the outfit responsible
for its hit recordings.
"There are a lot of phony groups out there," said Harry Turner,
president of the BMAI.
Legal wrangling over the rights of group names is a common
occurrence in the music business but especially problematic for
early R&B and vocal groups that fall under the umbrella of beach
music, South Carolina's official form of popular music.
"Lawsuits always surround those groups," said Bob Wood, president
of The Alabama Theatre, which presents concerts by various beach
music and oldies acts.
The bill, ratified April 20 by the General Assembly, has been
nicknamed the Bill Pinkney Bill after the only surviving original
member of The Drifters, who is an S.C. native.
There have been up to 40 versions of The Drifters drifting about,
Turner estimated, but Pinkney won the right to use the name The
Original Drifters.
Wood questioned whether, if the Pinkney bill is signed by the
governor, the law would prohibit a group with legal rights to a name
but no original members in the lineup from performing.
Columbia attorney/lobbyist Kelley Jones, who wrote the original
draft of the bill, said it isn't intended to prevent anyone from
performing in the Palmetto State.
"It just means there are some standards that you have to meet if
you do perform in South Carolina," he said.
The BMAI Web site explains it like
this:
"Even if the group has the trademark for a group name and can
legally use it, our bill would require a disclaimer that there are
no original members in this group."
Local beach music promoter Skipper "Water Dog" Hough disagrees
with that provision.
"They are leaving themselves wide open for lawsuits," Hough said
Friday.
"Some of these artists are dead, but their namesakes carry on.
And several groups have members that have been with them for 25 to
35 years that weren't original, but who knows the difference?" he
asked. "They have rights to the group names, and they've earned that
right."
Wood said The Alabama Theatre had been burned by this issue in
the past, so venue officials are diligent in making sure groups that
perform there have legal rights to their names.
Meanwhile, Tuesday marks the fourth observation of Beach Music
Day, on the Statehouse steps in Columbia. The event features awards
presentations and performances by several beach music artists,
including Pinkney, The Embers, Billy Scott and The Fantastic
Shakers.
At the event, Coastal Carolina University President Ron Ingle
will be given the Caroll Campbell Award by the BMAI, recognizing his
efforts to establish the Conway school as a repository for beach
music history.
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