Re: Re: music and entertainment copyrights
[ The Intellectual Property Law Server ]
[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ]
Posted by Stephen L. Anderson, Esq. on July 13, 2001 at 12:01:01:
In Reply to: Re: music and entertainment copyrights posted by Cherina Robinson on July 13, 2001 at 06:33:47:
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).
Right now, during our RECESSIONARY MADNESS special, our reduced fee for Copyright Applications is $279 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 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 a single class (e.g., 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.
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.
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.
These services are usually billed hourly.
For other prices and more info regarding trademarks: visit our websites : www.brandXperts
and/or www.namesavers.net or call Anderson & Shippey at (949) 754-3048.
CELEBRITY DOMAIN NAMES
Although the emerging law regarding Internet Domains and Trademarks is still in its infancy, there have been several important court cases and ICAAN arbitrations which have protect celebrities against cybersquatters.
Performers such as Madonna, Julia Roberts, and Alyssa Milano have won back domain names and other damages for unauthorized use of names, photos and/or likenesses from cybersquatters.
Anderson & Shippey
Post a Followup