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Topic: copyright a band name (Read 1845 times) |
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parksung
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Posts: 2
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copyright a band name
« on: Nov 14th, 2006, 11:23am » |
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how do i copyright a name for a music band? it's only the name, so would it actually be trademarked, not copyrighted??
what is the cheapest route? i am located in Vancouver, BC, CANADA....
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| « Last Edit: Nov 14th, 2006, 12:22pm by parksung » |
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Nika Aldrich
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Re: copyright a band name
« Reply #1 on: Nov 22nd, 2006, 12:45am » |
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You would want to trademark this. Trademarks (and service marks) are used for identifying "source" - such as the source of goods. Copyright is to protect the material itself. McDonalds doesn't copyright "McDonalds." They trademark that as it is an indicator of the source of the goods.
To trademark something in the US you have two routes:
1. Register it with the US Patent and Trademark office.
2. Just start using it.
Just using a name as a trademark will give you rights to it over anyone who uses the name for the same type of goods in the same geographic area or demographic. Registering gives you some additional benefits (the opportunity for damages, nationwide coverage, presumption of first use).
Nika
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Lyza
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Posts: 360
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Re: copyright a band name
« Reply #2 on: Nov 22nd, 2006, 7:17am » |
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An attorney will correct me here if I mis-state, but you can't "trademark" or "copyright" anything. Nika was correct that for the word name of a band, you are interested in registering a trademark. Copyright registration is not at issue here (unless it is a logo or other design they are using rather than words) and use of a mark is all-important.
The terms "trademark" and "copyright" are not verbs. You can apply for registration of a mark under which you are offering your goods or services, but if the band is not offering their goods/services in the U.S., they can't claim ownership based on use of the mark in U.S. interstate commerce. If they are only using their mark in Canada, they could file for protection of the mark there. If they are coming into the U.S. to play, they could seek protection of their use of the mark in the U.S. Hope this helps.
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| « Last Edit: Nov 22nd, 2006, 7:18am by Lyza » |
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Lyza L. Sandgren, President/CEO
CanopyLegal LLC
lyza2855@gmail.com
www.canopylegal.com
North Amer. Rep for WebTMS TM Mgmt System
This message should be mistaken for or construed as legal advice.
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JSonnabend
Moderator
Senior Member
Posts: 2251
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Re: copyright a band name
« Reply #3 on: Nov 22nd, 2006, 7:36am » |
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Lyza's post is correct. To clarify a couple of Nika's points:
Quote: To trademark something in the US you have two routes:
1. Register it with the US Patent and Trademark office.
2. Just start using it. |
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The only way to "trademark" something (i.e., to establish trademark rights) is by #2, not #1.
Quote:| Just using a name as a trademark will give you rights to it over anyone who uses the name for the same type of goods in the same geographic area or demographic. |
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I'm not exactly sure what Nika means by "demographic", but there's no concept in trademark law of "demographic" per se. A common law mark extends to its geographic limits, not "demographic" limits.
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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matthew gaiser
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Re: copyright a band name
« Reply #4 on: Sep 10th, 2007, 6:04am » |
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I have a question pertaining to a "permorner" (ie. Dj/music act) using their last name as their artist name? I used to perform under my last name, and now ears later my little brother has shamlessly taken that idea and used our last name as his performer name. He is releasing albums and selling shows, and I was the one who eyars ago got the name recognized.
Is this legal of him? Is there anything I could to to stop it/is he breaking any laws or do I have any rights to any part of what he i making from what he sells with my last name on it?
I have not a clue of the legality of this- please anyone have any input?
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