New law makes it illegal to pose as musical group

Similar legislation is being introduced across the country.
By LAURE CIOFFI
VINDICATOR PENNSYLVANIA BUREAU
SHARON, Pa. -- It's hard to believe that just anyone could pass themselves off as The Supremes -- the 1960s group formed by musical divas Mary Wilson, Diana Ross and the late Florence Ballard.
But that's just what Wilson has found over the years.
"I've spent a couple of million dollars trying to sue these people. There are no laws to stop them," Wilson said in a telephone interview from Las Vegas early last week.
But as of Wednesday, any of those "fake" groups trying to pass themselves off as original artists in Pennsylvania will face hefty fines.
Gov. Ed Rendell signed into law the "Truth in Musical Advertising Act" last week. The bill was introduced two years ago by state Sen. Bob Robbins of Greenville, R-50th, who became aware of the problem through his affiliation with the Vocal Group Hall of Fame in Sharon. People passing themselves off as original music acts without any original members can be fined $5,000 to $15,000 in Pennsylvania.
National effort
A group of artists, including Wilson, formed a committee through the Vocal Group Hall of Fame in Sharon to introduce similar legislation throughout the country.
An identical bill was introduced last week in Connecticut, said Jon Bauman, known as Bowzer when he performed with Sha Na Na, who is chairman of the artists committee. The legislation also has been introduced by lawmakers in Florida, Illinois, Massachusetts, New Jersey and Texas. The committee is working to get legislation in Ohio, California, Nevada and New York, he said.
Robbins said he realized this was a problem when he was told that Charlie Thomas, an original member of The Drifters, picketed the York Fair in 2003 when "The Elsbeary Hobbs Drifters" performed. Thomas is best known for singing "Under the Boardwalk" with The Drifters.
"Mr. Thomas, like a lot of artists of his generation, did not have the funds to fight these bogus groups through the legal system," Robbins said. "As a consumer, when I pay top dollar to see a concert, I expect to see the real thing, not impersonators. My legislation gives the original artists, as well as consumers, a remedy through the attorney general's office to help fight against this type of fraud."
Groups advertising themselves as a tribute group or those who legally hold the trademark are not affected by the law, he said.
Coming to Stambaugh
The Elsbeary Hobbs Drifters, touring along with the Cornell Gunter's Coasters and The Platters, are performing May 5 at Stambaugh Auditorium as part of the Monday Musical Club series.
Bauman said those three are the most offensive to the artists committee working on this legislation.
"When people go to that show, they will not be seeing any of the authentic members of any of those groups who were on the major records. It's very important for people to realize that none of those groups have authentic members," Bauman said.
Bob Crosby, president and CEO of the Vocal Group Hall of Fame, said he was disheartened to see that those groups had been booked essentially in the hall's own back yard.
"For us at the Vocal Group of Fame, we feel we are trying to put a little bit of integrity into the entertainment business," he said.
Kathy Doyle, office manager of the Monday Musical Club, said they were aware of Crosby and the Hall of Fame's concerns, but are satisfied that the groups performing in May are legally able to use the names of Elsbeary Hobbs' Drifters, Cornell Gunter's Coasters and The Platters. She referred all questions to their booking agent, Tom Fowler of Capital International Productions in Farrell, Pa.
Tribute groups?
Fowler said the performers are tribute groups, and on any given night the Elsbeary Hobb's Drifters, Cornell Gunter's Coasters and The Platters are performing in several different cities, including nightly in Las Vegas.
He said that's why the names of Elsbeary Hobbs and Cornell Gunter are used before the Drifters and Coasters, to denote they aren't the originals. He was unsure of the legal status of The Platters name.
Crosby and Bauman, however, believe that is deceiving because Hobbs and Gunter, original members of both groups, are both dead and did not personally give permission for their names to be used.
Crosby said the hall of fame owns a document signed by Hobbs sent to Carl Gardner, who legally owns The Coasters trademark, that states Hobbs would not use The Coasters name.
Fowler said he believes that the estates of Hobbs and Gunter sold the rights to their names.
But artists from the 1950s and 1960s say they are being ripped off by these types of groups.
"It's become a sore eye on the face of show business," said Joe Terry of 1950s group Danny and The Juniors.
Terry said last week he got a call from a booking agent in Roswell, N.M., who asked him if he was the only group of Danny and the Juniors.
"That shouldn't be his first question. You can see how flagrant it is. Sometimes on any given night you can have five, six or eight phony acts performing," he said.
Terry, unlike many of the other 1950s groups, does own the trademark to Danny and the Juniors, thanks to advice from Eddie Fisher's father, who worked with Terry's mother in a Philadelphia factory. But most artists didn't have that protection.
"One of the biggest things I hear when I perform is, 'You don't know how long I've waited to see your group. I've been a fan for 40 or 50 years and I've waited for this moment,'" Terry said. "When they talk to me I'm an original guy. When they talk to these phonies, they aren't getting what they think they are getting. It's truly consumer fraud."
Not recognizable
Crosby said the problem seems to be rampant with artists from the 1950s and 1960s because few people knew what they looked like. It's unlikely to be a problem for today's artists who are widely recognizable because of MTV, he said.
And while it may appear a harmless deception, the real artists who made the music are suffering, he said.
"These people desire to work, but they are being undercut. These are the legendary artists," he said.
Mary Wilson said she's found at least five different groups posing as The Supremes. In her case, it mostly occurs overseas.
"It's getting so now I can hardly work in places I used to work," she said. "I'm 62, but a lot of these groups are in their 70s and 80s. They are going to die with people ripping off their groups. This is something we should be able to pass on to our families."
cioffi@vindy.com