Copyright band name


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Ascendancy5
01-14-2007, 07:43 PM
Do you need to copyright your bands name so that no other band can use that name?

Thebassist72
01-14-2007, 07:47 PM
whats ur band name

swordsrkewl
01-14-2007, 07:47 PM
yea, same with lyrics too

Ascendancy5
01-14-2007, 07:51 PM
I know that on Myspace there are a lot of bands named Tribulation, and that's what my bands name is.

I know you have to copyright songs, but I wasn't sure if we had to do that for our name as well.

inbloom27
01-14-2007, 07:51 PM
acctually, in the US, i think there is a new law that copyright is just assumed now so if you really want to get a copyright, you can but you dont have to.

Thebassist72
01-14-2007, 07:52 PM
thats such a cool name im totaly stealling it
i cant wait to tell the gang the new name

ZootCst
01-14-2007, 07:55 PM
This probably isn't the best place to ask for legal advice. Copyright law is one of the most complicated types of law there is, ask a lawyer.

Ascendancy5
01-14-2007, 07:55 PM
Haha, funny. inbloom that doesn't really make sense, but I'll agree. :)

Dutch_Apples
01-15-2007, 04:34 AM
This probably isn't the best place to ask for legal advice. Copyright law is one of the most complicated types of law there is, ask a lawyer.

That's the truth, because everone who has posted in this thread is WRONG. A "copyright" on a band name is a service mark. Go to Barnes n Noble and buy that book "Music Law" It's like $40 but has everything you need to know about how to run basic law with a band.

Ascendancy5
01-15-2007, 12:28 PM
Thanks for that keyword service mark, it helped me find this nifty little page.

http://www.hitme.net/useful/tmfaq.html

Dutch_Apples
01-16-2007, 12:41 AM
Yay for MB-201: Legal Aspects of the Music Industry

METSOAD
01-16-2007, 03:29 AM
can't you just research it

ark
01-16-2007, 05:42 AM
yes, and no, you what you register is your right to get royalties from that name and thoes songs you wrote. For creative works like lyrics and and music in general once its been created by you, then it is rightfully yours.

In Canada there is a thing called SOCAN, i forget the name for hte orgnizations in the US, but thats where you register yourself as a creative musical artist. My band is registered so when our songs get played on the radio, and even when we play certain venutes we get paid for playing our music.

there is a way to go copyright your name and your music, it costs like 50 bucks per song or name or something, but for musicians, hardly anyone ever does it, its really not that big an issue. Its more or less for song writers that want to sell their music commercially, and have others perform it, i guess a way to watch your back, you shoultn have to worry about it unless you have a distribution deal.

Petey Cook
01-16-2007, 08:46 AM
^^ First decent post in the thread.

It's true. There's no way to legally copywrite a band name as intellectual property, from what I've been told. BUT, there are things to help. First being this: www.bandname.com . All that is is a registery. Now it's not legally binding, but if push comes to shove and you find yourself in court with a boy band at the other table whining that you stole their name, you can pull bandname.com up and say "we've been going by The **** Munchers" for four years now. And they'll have to shut up.

Other than that, it's pretty much a free-for-all.

Rock On

nobusforharold
01-16-2007, 11:18 AM
write the name on a piece of paper along with the members or your band, and some lyrics.. put it in an envelope and send it to yourself , when you get it DON'T OPEN IT and put it away. If someone steals your name you can prove you had it first with the date from the post office, its most important that you don't open it though , the judge will.

For the music itself you can put the c.d. in the envelope too.

thats how our bands music , lyrics and name is copyrighted :)

ParanoiaMusic
01-16-2007, 11:37 AM
Mailing stuff to yourself doesn't work anymore. It's too easy to tamper with that - I think that was thrown out decades ago.

Also, you don't have to pay a damn dime for any of this. Once your music is recorded to a medium it is copyrighted. Period. End of story. The second it's recorded, it's yours. "Registering" just makes your life a whole lot easier when said boy band tries to use your material as their own. If you registered your song, the case will never fly. If you didn't, you still bare some burden to prove you made it up - via the recording medium, date stamps, witnesses and etc.

Band names are intellectual property and can be copyrighted, but it is geographically dependent. I forgot the term they use, but it has to do with how and where the name is used.

For instance, there could be some band in Washington named the Butt Munchers as well as a band in Connecticut named the same thing. They both have rights to the name given their location. As long as they don't represent themselves nationally, they can each use the same name. If Butt Munchers in Conn. tried to move to Washington, then there would be a band name battle since there's already a Butt Munchers in Washington.

Like I said, there's a term for it and I'm not explaining it very well, but it has to do with how you're representing yourself - locally, nationally...etc.

ParanoiaMusic
01-16-2007, 11:43 AM
I know that on Myspace there are a lot of bands named Tribulation, and that's what my bands name is.

I know you have to copyright songs, but I wasn't sure if we had to do that for our name as well.

Well why would you want that name then? Tribulation sounds easily forgetable. If everyone is trying to name their band that, then I'd go for something else. Besides, if any of these bands live anywhere near you, you wouldn't win a copyright battle anyway. Then, any fans you have will be duped anytime they hear the name Tribulation and they'll go see the other band.

Dutch_Apples
01-16-2007, 02:30 PM
Band names are intellectual property and can be copyrighted, but it is geographically dependent. I forgot the term they use, but it has to do with how and where the name is used.

For instance, there could be some band in Washington named the Butt Munchers as well as a band in Connecticut named the same thing. They both have rights to the name given their location. As long as they don't represent themselves nationally, they can each use the same name. If Butt Munchers in Conn. tried to move to Washington, then there would be a band name battle since there's already a Butt Munchers in Washington.

Like I said, there's a term for it and I'm not explaining it very well, but it has to do with how you're representing yourself - locally, nationally...etc.

This is incorrect. Doesn't matter where you are, you shouldn't have the same name. Let me know your sources. Mine is All You Need To Know About ther Music Business- Don Passman.

It makes it easier on yourself to just not have the same name.

ParanoiaMusic
01-16-2007, 03:36 PM
This is incorrect. Doesn't matter where you are, you shouldn't have the same name. Let me know your sources. Mine is All You Need To Know About ther Music Business- Don Passman.

It makes it easier on yourself to just not have the same name.

Actually it is correct. You can find this all over the internet. Here's a quickie I brought up on Garageband.com


http://www.garageband.com/help/infringements411.html

Same band name (trademark infringement). If someone else is using your name, you may have a potential trademark infringement case against them. On the other hand, unless your band's name is recognized nationwide or worldwide, your rights to the name may be limited (even if you have registered the name with your country's trademark office!). In fact, we've found that nine out of ten times, a band who claims "trademark infringement" doesn't actually have clear ownership of their band name across a wide enough region or field of use.

Therefore, our practice with potential trademark infringements is that we ask you to try resolving the issue directly with the other band(s). Start by using the "Send a message to the band" feature on that band's page - we've found that a friendly contact is usually quite effective. Often you'll find that the infringing band has stopped using the name and is happy to give it up. Or, perhaps you'll find that they are operating in a different region of the country or world and you can peacefully coexist. Many bands share the same name in this way - to do so on GarageBand.com you just need to make a slight variation of the band name when registering your account. Learn more about how to register when your band name is already taken.


That was taken from the link above after searching for about 30 seconds. You can't just trademark a name and not let anybody else use it in the whole freaking country. That's stupid. If it's the name of something "national", then that would make sense.

Pink Floyd, Tool, STP - those are nationally recognized trademarks. Your little band playing in your room on saturdays with a Myspace webpage is not recognized nationally in the slightest sense of the phrase.

It matters how you operate as to your rights to a trademark. A trademark has boundaries - it does matter where you are.

Dutch_Apples
01-16-2007, 05:51 PM
I don't believe everything I read on some music "advice" pages. The trademark/servicemark laws have it so you can't prevent mutliple clients from using a certain service. The rights usually got to who has been USING it first.

I just don't understand why you would create a band name when you know someone else has it, even if there is a chance one of them will go national.

ParanoiaMusic
01-16-2007, 06:07 PM
I don't believe everything I read on some music "advice" pages. The trademark/servicemark laws have it so you can't prevent mutliple clients from using a certain service. The rights usually got to who has been USING it first.


No, the rights go to who is using it first in a given jurisdiction. It's just sensible. Think about it... Some mom and pop burger joint in Oregan happens to have the same name as some mom and pop burger joint in Kentucky. One of them really needs to change their name? Of course not. They're hundreds of miles from each other, several states away. Nothing to do with each other. There could literally be thousands of businesses operating under the same names - all in various parts of the country.

Not to mention, there are only so many words in the English language. You can't just take every single combination of words and make them your own forever, nationwide. You have to prove you have nationwide recognition first. That sounds reasonable to me.

I just don't understand why you would create a band name when you know someone else has it, even if there is a chance one of them will go national

I agree. I wouldn't want to fight with anyone about it. Particularly legally.

Petey Cook
01-16-2007, 09:29 PM
You're missing a very large point.

One of them really needs to change their name?

It's true that they never need to change their names. That's because that these two buisnesses are geographically far enough apart that they will never have a conflict because of their similar names, and more importantly, will never be geographically close enough to for it to matter.

Your idea works assuming that the bands with identical names never move from their hometowns. There can be a band named "Death Grip" in Baltimore and a band named "Death Grip" in San Fransisco and as long as they never come in contact, it wont' matter. However, as soon as the Baltimore "Death Grip" launches a nation wide tour that has a set in San Fransisco, it is a matter of conflict because there could possibly be two bands with the same intellectual property claiming it as their own in a small enough area that conflict will arise. Then I'm assuming the courts would rule in favor of the Baltimore band because, simply, more people know that band as "Death Grip."

So yes, if bands never moved, there could be as many bands named "Death Grip" as there are nations, states, provinces, cities, whatever.

Rock On

Ascendancy5
01-17-2007, 11:05 PM
So we should wait until we are known nationwide to worry about copy-writing our name?

ParanoiaMusic
01-17-2007, 11:35 PM
No, trademark your name now. Whatever that process is. Be sure to search first to be sure you're not the one infringing. I don't believe there is anything else to do, when you become a nationwide thing, your name will be recognized as such.

hotlava9000
05-13-2007, 08:03 PM
didnt read everyone elses comments, so dont know whether this was mentioned or not


i dont believe that a copyright would cover a band name, but "trademarks" is what youre look for, they cover your logo band name ect , i think, not sure, i think copyright would only cover things like songs, well... your work basically


not saying this with certainty, but i believe that this is the case, hope i helped some :D