#1
After a skimming what the searchbar gave me, I didn't get exactly the answer I wanted. I even read some of the copyright thread and actually found another question I had.

Anyway, I want to name my band The Skashank Redemption, but would it be going against copyright to call ourselves that? Or do I have to call up Stephen King and ask his permission? Apparently my singer got ahold of his manager's number somehow, so contacting him won't be a problem, I hope. I'm skeptical if it's his actual number or not.
#5
Quote by Alex Vik
Is this your band?

http://www.purevolume.com/skashankredemption
http://www.last.fm/music/Ska+Shank+Redemption

Because if it isn't, then you've got more than Stephen King to worry about.


If I copyright the name first then it's mine, right? Seems like these guys don't have one to the best of my knowledge.
#6
Quote by Wrst_Plyr_Evr
If I copyright the name first then it's mine, right? Seems like these guys don't have one to the best of my knowledge.


You can't copyright a band name.

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#9
Legally, names and titles aren't copyrightable.
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#10
Quote by strat0blaster
Legally, names and titles aren't copyrightable.

This
They can be trademarked to hell and back, but not copyrighted afaik
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#12
Quote by Wrst_Plyr_Evr
That strikes me as odd.

So why would those guys with the same name be a problem? Other than the obvious, "You guys have our name."

If they've released any material under that name or copyrighted any material under that name then you're gonna get your ass sued
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#13
Quote by Demonikk
If they've released any material under that name or copyrighted any material under that name then you're gonna get your ass sued


How so?

Sorry for the short responses. I'm not trying to be a dick; I just have no other questions I want to include or anything else to say.
#16
Quote by Wrst_Plyr_Evr
How so?

Sorry for the short responses. I'm not trying to be a dick; I just have no other questions I want to include or anything else to say.

Either will provide them with evidence that they were using the name before your copyright attempt. If they have released material then the name will be present on the material and will be dateable. The same goes for any material they may have copyrighted, the name may be present on the submission.
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#17
Quote by Meurglys3


So if I read this correctly, I'm safe as long as we're not in the same market.

From their purevolume.com page I found out that they're from Manhattan Beach, CA. I'm in Visalia, CA, about three hours away. So technically we're not in the same market on the local level but not on the state level obviously. However, they're a lot bigger than we are since my band hasn't written an original song let alone left the garage yet.

Or I could just shoot them an email asking if we could just share the name until someone's in someone's market or hits it big.

Personally, I'm a fan of the last one.
#19
3 is hours away is pretty close, you could email them and see what they think but it would be easier just to come up with a new band name.
#20
Trademark is what you are thinking of for a band name. And they have proof they had it first, so you cannot pay to get the official trademark anymore.

And if you ever got to the level where it would be possible for someone to sue you, Stephen King/the publishers have a very strong case against you and would probably win. You might not even be able to officially trademark it as it is too close. And getting a trademark costs $300 for the application alone, so I'm guessing it is too much.

Think original and have proof you had the name first, and you are good.
#21
And you are definitely in the same market. Music is the same market, if you were a store, you would be ok. You are another ska band, so it is not ok.
#22
Quote by CODE
Trademark is what you are thinking of for a band name. And they have proof they had it first, so you cannot pay to get the official trademark anymore.

And if you ever got to the level where it would be possible for someone to sue you, Stephen King/the publishers have a very strong case against you and would probably win. You might not even be able to officially trademark it as it is too close. And getting a trademark costs $300 for the application alone, so I'm guessing it is too much.

Think original and have proof you had the name first, and you are good.


I've seriously considered trying to get a hold of Stephen King and asking his permission so that way it won't be an issue.

But I understand I'm kind of at a loss. I've tried getting a hold of the other band and I just got a failure notice from yahoo. Can't say I didn't try
#23
Quote by Wrst_Plyr_Evr
I've seriously considered trying to get a hold of Stephen King and asking his permission so that way it won't be an issue.

But I understand I'm kind of at a loss. I've tried getting a hold of the other band and I just got a failure notice from yahoo. Can't say I didn't try


That will not hold up in court.

I'm studying Music Business at the moment, if that other band are signed, and have released albums under copyright than if you release an album with the same band name. You will be sued.

You can't copyright a name, you can trademark it.

Stephen King can sue you if you release an album with that name. If you are making money off it you will be sued. If they can see they're losing profits on you being called that name, you will be sued. Otherwise I'm sure they won't give a damn if you're not signed.
#24
Quote by Hendrix_fan_14
That will not hold up in court.

I'm studying Music Business at the moment, if that other band are signed, and have released albums under copyright than if you release an album with the same band name. You will be sued.

You can't copyright a name, you can trademark it.

Stephen King can sue you if you release an album with that name. If you are making money off it you will be sued. If they can see they're losing profits on you being called that name, you will be sued. Otherwise I'm sure they won't give a damn if you're not signed.


Bah. Looks like we're changing the name :/