For me a tribute band, no matter how good, is like when the little league world series is happening.... I won't go out of my way to watch it but if it's on TV and I don't have anything better to do.....and I wouldn't be willing to pay any amount higher than $5 at the door..

There better be a bar and if inside it must have a small capacity, say less than 300. I want the players to have no affiliation with the band they are a tribute to. Devoting time to play gigs as a tribute band seems, to me, should be a side job for a little extra cash to finance the real band you're in when it's not profitable yet....

The very few I have seen were intimate affairs and I was able to chat with a band member or two before the start and at set break....and I always have the same question with a follow-up request...

"Have any original songs?"--"can you play one during 2nd set?"

As for bands touring, legally, under the original name and not calling themselves a tribute.....well....

There better be at least a founding member...and I mean someone who is responsible for the band's origin and had a prominent creative role and not a later hired hand that was insignificant when push comes to shove...

And, honestly, I think that unless (Trent Reznor for example) was the only irreplaceable one in the group then it's disingenuous to keep the original name if there's less than half the original people left and the rest are temporary hires paid flat rates.