Will the real Drifters, Platters, Coasters|
or Tams Please Stand Up?
By Kent Kimes,The Sun News - April 26, 2004
Bill would protect bands, acts from impostors...Leaders hope to end beach
music legal wrangling ...
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."
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