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jparizek 11-07-2005 10:34 PM

band names
 
im starting a management job for a local band that is in need to protecting the name. does a band name need to be copywritten, patented, or trademarked? thanx in advance.

Belfast Celtic 11-08-2005 02:59 AM

How about Anal devastation?

DontRunMeOver 11-08-2005 04:07 AM

Quote:

Originally Posted by Belfast Celtic
How about Anal devastation?

You do realise that your answer has almost nothing to do with his question, don't you? (Good name though).

If you google something like 'band', 'name' and 'law' together then you should find plenty of info on this topic. I found this site:


Which amongst other things, says.

"You cannot copyright a band name. The correct legal protection is a trademark. Within trademark law there is a category called servicemarks. A trademark identifies a product while a servicemark identifies a service. Since a band is in the business of providing entertainment services, a servicemark is the proper tool to protect the name of a band.

The amount of protection you want for the band directly reflects the amount of money it will cost you. The least expensive route is a state trademark. Fees vary from state to state, but they are generally under $100. A state trademark gives you protection throughout the state you register. You can get the application by calling the Secretary of State. If you don't have a record contract or don't tour nationwide, I recommend a state trademark to start.

The next step is a federal trademark. A federal trademark gives you rights throughout the entire United States. The application fee for a federal trademark is presently $245. If your music is distributed throughout the United States or you do extensive touring, you may want to obtain a federal trademark. These forms can be obtained by calling (703) 308-4357."

This is about US law, so it may differ for other countries (maybe not that much though). To my understanding, a band name can't be copyrighted because copyright is an automatic right that applies to original creative ideas as soon as they are recorded. Band names are almost never original (the phrase will have been used before somewhere) and certainly too simple for copyright to be appropriate.

A trademark (or servicemark) is something which doesn't have to be completely original. A trademark just has to be different to the trademark for a brand which is already selling to a similar market to that which you are aiming for. Unlike copyrights, which are free and immediate upon recording, trademarks have to be registered and paid for. They also apply to different geographical regions and different product areas.

Hope that's of some help.

boo boo 11-08-2005 04:13 AM

You dont have to copyright a name to use it, Nirvana went on for quite a while before they even knew that there was a previous band called Nirvana, the original Nirvana attempted to sue Cobain and Co, and they reached a settlement. Basicly its not illegel to use another bands name unless that band decides to take legal action, an example of this would be that there were 2 bands named Styx in the 70s, legal action wasnt taken from either band, so it wasnt a issue.

DontRunMeOver 11-08-2005 04:22 AM

Quote:

Originally Posted by boo boo
You dont have to copyright a name to use it, Nirvana went on for quite a while before they even knew that there was a previous band called Nirvana, the original Nirvana attempted to sue Cobain and Co, and they reached a settlement. Basicly its not illegel to use another bands name unless that band decides to take legal action, an example of this would be that there were 2 bands named Styx in the 70s, legal action wasnt taken from either band, so it wasnt a issue.

You CAN'T copyright a bandname. To copyright something you just have to create it and then record it in some form - so that there is evidence that you created it first. Nirvana couldn't have COPYRIGHTED their name as the buddhists (or possibly somebody before them) had already created it and written it in various places.

boo boo 11-08-2005 04:28 AM

Quote:

Originally Posted by DontRunMeOver
You CAN'T copyright a bandname. To copyright something you just have to create it and then record it in some form - so that there is evidence that you created it first. Nirvana couldn't have COPYRIGHTED their name as the buddhists (or possibly somebody before them) had already created it and written it in various places.

I didnt say you could, however in a music setting, a band can own rights to a name if its evident that they were the first BAND to use that name, the main reason for this is copyright concerns and the possibility of getting the 2 bands confused.

DontRunMeOver 11-08-2005 04:30 AM

Quote:

Originally Posted by boo boo
I didnt say you could, however in a music setting, a band can own rights to a name if its evident that they were the first BAND to use that name, the main reason for this is copyright concerns and the possibility of getting the 2 bands confused.

Are you sure you're not talking about trademarks instead of copyrights? They're not quite the same thing.

boo boo 11-08-2005 04:32 AM

Quote:

Originally Posted by DontRunMeOver
Are you sure you're not talking about trademarks instead of copyrights? They're not quite the same thing.

Oh yeah, im not good when it comes to accurate titles. :laughing:

DontRunMeOver 11-08-2005 04:34 AM

Quote:

Originally Posted by boo boo
Oh yeah, im not good when it comes to accurate titles. :laughing:

That's ok. You're spot on as long as you change 'copyright' to 'trademark/servicemark' in your posts!


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