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Mar. 02, 2007
Copyright © Las Vegas Review-Journal


Not so great pretenders

Originals support 'Truth in Music'

By SEAN WHALEY
REVIEW-JOURNAL CAPITAL BUREAU

Mary Wilson, left, an original member of the Supremes, and Jon "Bowzer" Bauman, former leader of Sha Na Na, testify on Thursday.
Photo by Gary Thompson.


Sonny Turner, right, of the original Platters singing group, testifies from Las Vegas during a teleconference meeting Thursday of the Senate Committee on Commerce and Labor in Carson City.
Photo by Gary Thompson.

CARSON CITY -- Bowzer broke into song before a Senate panel on Thursday.

Jon Bauman, better known as the former leader of the oldies group Sha Na Na, testified in support of a bill that would make it a deceptive trade practice for musical groups with no original members to pass themselves off as the Coasters, Drifters, Platters or others.

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"Get a job," Bauman intoned, quoting the 1950s Silhouettes hit.

"For too many years, these impostor musical groups have been duping consumers out of their hard-earned entertainment dollars and cheating the pioneers of rock music out of their rightful legacy," Bauman told the Senate Commerce and Labor Committee.

Bauman was joined by Mary Wilson, an original member of the Supremes, and Sonny Turner, an original member of the Platters, who testified from Las Vegas, in supporting Senate Bill 53, dubbed the "Truth in Music" bill.

Wilson told lawmakers that at least five groups are performing as the Supremes. Breaking into song, Wilson said she tells those groups: "Stop! In the name of love, before you break my heart."

The bill is intended to protect both consumers, who may not know they are buying tickets to a fake group's performance, and artists who only have their legacy as performers to rely on to make a living, Wilson said.

Turner continued the musical testimony in the hearing. "Only you, can pass this bill for us," he sang to the melody of the Platters' hit "Only You."

The Senate Commerce and Labor Committee passed the bill out with a few minor amendments, including one making it clear that venues that offer such acts, including hotel-casinos, are not responsible for any bogus act. The bill will have to pass both houses and be signed by the governor before it becomes law.

Commerce Chairman Randolph Townsend, R-Reno, said the bill would become effective upon passage and approval, to provide protection to the performers as quickly as possible.

Bauman, who is chairman of the Truth in Music Committee of the Vocal Group Hall of Fame, said he is pleased with support for the bill that the group has received from Nevada's casino industry.

"We're completely on the same page," Bauman said. "We're not interested in acting as if the venues are culpable here. Because we feel that they are not."

The bill was introduced by Sens. Joe Heck, R-Henderson, and Steven Horsford, D-Las Vegas, on behalf of some Las Vegas performers, including Wilson.

Bauman told the panel that the Truth in Music Committee has succeeded in passing similar legislation in nine other states and is seeking approval in 12 more, including Nevada.

The bill would prohibit a group from calling itself the Drifters, for example, unless one original member of the group is part of the performance. Exceptions would be made for groups clearly identifying themselves as a "tribute" band. Individuals holding rights to a group name also would be exempted from the provisions of the bill.

Civil fines of $5,000 to $10,000, for violating a court order, could be assessed against promoters or groups failing to follow the provisions of the law.

The attorney general's office had reviewed the bill and didn't foresee any additional costs associated with enforcing the proposed law because the office already has a deceptive trade practices unit.

Bauman said the legislation has reduced or eliminated imposter groups in other states. It has succeeded by placing the burden of proof on the imposter groups to show they can legitimately use a name, he said.

It has been effective because it allows an attorney general to stop a performance before it occurs to ensure there is a legitimate right to the group name, Bauman said.

He described the phony groups as a form of identity theft.

Wilson, a Las Vegas resident, said she has spent millions of dollars trying unsuccessfully to prosecute fake Supremes groups. Wilson, who does not own the Supremes name, tours as Mary Wilson or "Mary Wilson formerly of the Supremes."

Bauman said performers are backing the legislation because they have to compete for jobs against fake groups that may charge $5,000 for a performance, while a group including original members might charge $20,000.

Wilson said there are more serious issues the Legislature needs to deal with, from homelessness to care for the elderly, but the bill is important for performers.

"It is helping Americans who have given music to the world," Wilson said.

Also testifying from Las Vegas was 1950s music fan Donald Riggio, who said he knows which groups have a legitimate claim to a group name and which are fakes because of his love of the music.

"I take it as a personal insult to my intelligence to have these fakers heaped upon me and the other members of the sometimes unsuspecting audience without calling them what they are -- a tribute band or review," Riggio said.

No one spoke in opposition to the measure.

Sen. Warren Hardy, R-Las Vegas, said he was embarrassed that Nevada has not been at the forefront in protecting the artists affected by imposter groups.

But Bauman said the effort to pass the law in Nevada was intentionally delayed until the organization could see how well the measure worked elsewhere.

Nevada is an important state for such a law because of its prominence as an entertainment capital, he said.

"Existing law has proven to be completely ineffective in stopping the practice," Bauman said. "This is a grey area. These people have learned how to work within existing law."



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