Re: How can I copywrite a band name
[ The Intellectual Property Law Server ]
[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ]
Posted by Stephen L. Anderson on June 29, 2001 at 16:06:17:
In Reply to: How can I copywrite a band name posted by Majyk on June 29, 2001 at 12:03:34:
: We have a band and are playing shows and have cds and are wondering about trademark and copywrite and what to do and is there a list somewhere to ensure that the name is not taken already?
1) Copyright is a form of protection provided to authors of "original works of authorship", including literary, artistic, dramatic, musical, graphic arts and other creations.
Copyright protects the author's original expression as contained in a creative work
but DOES NOT usually extend to any idea, procedure, process, method, system, discovery,
NAME or short title or slogan.
Song lyrics, musical compositions and sound recordings may be protected under copyright
law - but BAND NAMES and COMMON SURNAME APPELLATIONS (e.g., SMITH or JONES) cannot.
COPYRIGHT - We can prepare applications for copyright registration for your music,
(songs, words, lyrics, compositions, sound recordings, music videos, etc.) In addition,
any original album art or stage props or other unique designs may also be registered.
Once your music, artwork or design has been fixed - (recorded or written down) you
can register a copy with the Library of Congress by filing the appropriate application(s).
Our current fee for Copyright Applications is $299 which includes the government
fees, attorney fees for preparation of the application, periodic reporting, most
copies and postage and forwarding of the certificate of registration.
For multiple applications, we offer further discounts. For more information about copyrights and copyright protection, visit our site: www.copyrightpros.com.
2) Trademark law protects distinctive names, titles, slogans and symbols that are
used by their owners in business or commerce.
BAND NAMES may be eligible for trademark protection if the name is used by an artist,
performer or band to promote the sale of certain goods or services; (e.g., records, CDs, videos, concerts) to distinguish the band name from that of imitators and wannabees.
A new band name or performer cannot usually assert exclusive rights to any common
surname or word (PRINCE and MADONNA being the exception).
Our law firm assists in the protection of trademarks, band names and celebrity
names by offering Registration, Counsel and Enforcement services.
TRADEMARK REGISTRATION- We can prepare applications to register your BAND name and/or
for any special designs, fonts, slogans or logos that you use to identify your music
to the listening audience.
From our offices in Irvine and San Francisco California, our attorneys work with agents and local affiliates to coordinate trademark and domain registrations to preserve and protect our client’s valuable intellectual property rights.
The fixed cost of registering a band name in the U.S, in a single class (e.g., Entertainment Services, namely the performance
of live and recorded music services) is currently $ 325 for the government fee and
$ 274 for our attorneys preparation fees, copies and postage, etc.. TOTAL = $599 per trademark, per class.
You may also be interested in obtaining a trademark for the GOODS, namely Sound Recordings.
SEARCH AND CLEARANCE
We can run a trademark search to determine the extent of prior use of the BAND name and a few similar names. Searches can be made of registered names, business names, State & Federal Trademarks, etc.
Similarly, we can perform searches online to determine whether any other bands or
businesses are using any infringing domain names, product names or brand names.
We can prepare an opinion letter setting forth our findings and any further recommendations.
For prices and more info regarding trademarks: visit our websites : www.brandXperts
and/or www.namesavers.net or call Anderson & Shippey at (949) 754-3048.
Anderson & Shippey
Post a Followup