band name, who owns it?


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rickyj
02-10-2011, 02:21 AM
okay, im in a band...


we are thinking getting rid of our singer/rhythm guitarist because his musical taste and writing style has changed since we started the band(he's an original member)

he named the band

he insists that if he's out of the band he gets to use the name, we disagree.


the name is a good fit so we dont want to have to think of a new one


your thoughts?

scimitar_255
02-10-2011, 02:27 AM
Man up and think of a new name. If he is an original member and came up with the band name, it is only fair that he should get to keep it if he wants it

Puwpiepewps
02-10-2011, 02:30 AM
In my opinion, it just depends on your following. If you guys are are relatively new band, it won't really matter if you keep or change the name. But if you guys are starting to have, or already have, a steady fan base, tell your singer/guitarist to suck it and keep the name.

TopHatCharlie
02-10-2011, 02:31 AM
whats the name?

rock paper series that shit, let fate decide.

travislausch
02-10-2011, 02:37 AM
In my opinion, it just depends on your following. If you guys are are relatively new band, it won't really matter if you keep or change the name. But if you guys are starting to have, or already have, a steady fan base, tell your singer/guitarist to suck it and keep the name.
As much as I would like to think that intellectual property is a sacred right that should never be questioned, this is true. If the band has a huge following and would not benefit from a name change, then it's fine enough to keep it.

But I still say man up and learn to be creative enough to think of another name. I've got a half dozen reserve band names in the event I lose the ability to use one of mine.

rickyj
02-10-2011, 04:01 AM
Man up and think of a new name. If he is an original member and came up with the band name, it is only fair that he should get to keep it if he wants it



but we are ALL original band members...

Quintex
02-10-2011, 04:06 AM
This link may give you some direction:

http://www.ivanhoffman.com/names.html

bobtrack
02-10-2011, 05:26 PM
Like the others have said if you have a fan base already you guys should get to keep it. Maybe just start calling him Axl if he wants to take the name?

axemanchris
02-11-2011, 01:05 AM
This link may give you some direction:

http://www.ivanhoffman.com/names.html

Good article!

The only thing I will add, which probably doesn't apply to you, is that the band name may be owned by the person who registers it. By register, I mean, going down to city hall and registering your band as a business.

Now, in a perfect world, all band members will do this together and register it together as equal partners and therefore equal owners. It has happened in the past, though, where a manager has registered the band as a business under his name.... meaning.... the manager owns the name.

In any case, assuming you are all original members, and therefore equal shareholders in that asset, then it basically comes down to 80% vs 20%, which to me, suggests clearly that he left the band. In that case, you guys own it and he walked away.

CT

xStargazer
02-11-2011, 01:40 AM
if he thought it up and you guys don't have a massive fanbase yet suck it up and get a new name.

krypticguitar87
02-13-2011, 12:29 AM
if he thought it up and you guys don't have a massive fanbase yet suck it up and get a new name.

this, you guys aren't really the same band anyway so what difference does it make?

also the way I would look at it is if you are throwing out the lead singer, which is the only person that most of the fans care about anyway, you are looking at a new beginning so why not start it out right with a new name?

LazarusOnGrave
02-13-2011, 01:44 AM
Well, I agree. Just say the hell with it and change the name.

But, to play the devil's advocate here, he's already going to be pissed off he got kicked out of the band. If you really want to keep it, what's he going to do? Hire a lawyer and sue you over it?

AlanHB
02-13-2011, 01:57 AM
Out of all the band names I've ever made up, the only one I'd care about keeping was one called "The Super Manly Awesome Guys".

Luckily nobody wanted to steal it.

Anyways, what makes you think that he'll take the band name? Have you gigged yet under the name? Do you have a multitude of songs written as a band having that name? Is it registered as a business? Is it trademarked? Can you change the name easily? Can he?

All things said, the way that this often pans out is that you kick whatever member, they go join another band and don't steal your name. That's the most likely case. If he did go and form a band with the same name (god knows why, you'd just confuse prospective fans), nothing would happen if you hadn't legally protected the band name anyways.

SlackerBabbath
02-13-2011, 08:56 AM
Good article!

The only thing I will add, which probably doesn't apply to you, is that the band name may be owned by the person who registers it. By register, I mean, going down to city hall and registering your band as a business.

Now, in a perfect world, all band members will do this together and register it together as equal partners and therefore equal owners. It has happened in the past, though, where a manager has registered the band as a business under his name.... meaning.... the manager owns the name.

In any case, assuming you are all original members, and therefore equal shareholders in that asset, then it basically comes down to 80% vs 20%, which to me, suggests clearly that he left the band. In that case, you guys own it and he walked away.

CT
Agreed, but I can kinda see how it would be a bit douchy to take the name that he thought up.

I suppose it all depends upon how big the band's fan base is really, for instance, if you haven't gigged under that name yet, then I see no point in keeping a name that someone else thought up.

A name change can be a good way to move on and revitalise a project after a split.

Riffman15
02-18-2011, 09:48 PM
Keep using the name; if he cares enough to drop the money on turning this into a legal dispute change the name then. If you are huge enough that you'd want to keep the name at that point, just pay him some money to go away.

801Current
02-20-2011, 07:13 PM
like everyone else said...If you have a lot of fans then keep the name....if not it doesn't matter no point in anyone being butt hurt.

HalfDose
03-01-2011, 04:58 PM
FACT: Whoever has the passwords to all of the online accounts keeps the name!!

If you wanna be a dick and have a good time:

Change all of the passwords!

Then, e-mail, message and post as much as you can that he is no longer in the band. This way, he can't do things to harm you.

Continue onward

(sorry to bump. didn't realize how old this post was)