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[mommybear143]

my fiance is heavily involved with music and he would like to copywrite his name. i have read other forums and articles and been to a million websites. Can someone please just break it down to me... step by step, as simple as possible? i dont know anything about copywriting. its so confusing.  


i visited www.bandname.com and i was wondering if that was legal. (copywriting the name)  It says its free. Can someone check out the website and let me know?

Thanks

[JimIvey]

That's not really a copyright.  www.bandname.com is a domain name.  It won't stop anyone else from recording music under the name, "bandname."

I think you want a trademark, although someone else here will have to let us know if there are any special considerations for names of performers and/or groups of performers.  I wouldn't think so, but I don't remember ever seeing a "TM" or "(R)" on "The Beatles".  I know there was a bit of a scuffle between Apple Records, the recording company for the Beatles, and Apple computer.  It came to light again when Apple Computer started selling music.

The way you trademark a name is by using it in association with good and/or services.  Typically, names are not permitted as trademarks since other people should be allowed to use their own name even if it's the same.  There was a discussion a while back on the trademark forum about that.

You can register a trademark based on an intent to use the mark.  That's helpful for getting some clearance to use a name before actually investing much actual use in the name.

More details about trademarks can be found on the trademark forum.

Regards.

[mommybear143]

thank you  

[Earlvin]

I felt that you did not answer her question directly. She asked for help copywrighting a name and you went off on trademarking. Is there a way to copyright a name(groups-band-production-etc.) That is not so complicated and is legal? I would like to know also.

[Isaac]

You cannot copyright a name.  Knowing this, when lawyers and
others attempt to answer questions about copyrighting or
"copywriting" they discuss trademarks and domain names
thereby addressing the intended question 99% of the time.

Up next, how to patent the name of a corporation...

[sstudt]

In the discussion of copyrighting a name are we talking about a person's name or the name of a band?  

I have been in a band for three years using a band name that I came up with.  Now a former singer is trying to book jobs using the same name.  Also, an unscrupulus local agent may be sending out other bands using this name.  Is there any way I can protect my name and prohibit their use of it?

[William Lee]

ok, whoever said that you "Can't copywrite a name" is lying to you. My band just got it our name copywritten. You have to go to the Legal office and/or Title Company to get the packet for like $250.00 US At least thats what it is here in California. And then you have to take it to the Superior Court, and ask for the Copywrite Laws (depending on place and state and country) to be put into effect for what ever name you give them. Then it's another $150 for filing Fees, which I think is crap...   So, For one thing...YOU DON'T NEED A LAWYER. whomever said this needs to read up a little. You can do this by yourself, like attaining a Business Liscence. I hope this helped you. And all those people out ther ethat think they know what they are talking about when they say. "You can't copywrite a name" Where the F*** do you think "Copywrite Laws" Came from? And those who say you can't do it without a lawyer need to go someone on a deserted island and be forgotten for a week, Because just 3 days ago, I got our band Copywritten...Man people don't give too much advice on here. Someone asks a question, and completely disregards it. Or tells them about an alternative...wich is good but oh well. I'm done ranting lol. so all-in-all the answer to a ver y so simple question is "Yes ma'am you can copywrite a band name, but you cannot copywrite a persons name." I hope this helped!!

[JSonnabend]

William, I hate to burst your self congratulatory bubble, but you can't "copyright" a name.  You can register a business name in most states, but that's not the same as "copyrighting" the name.  You may want to double check exactly what you think you did regarding your band's name, especially in light of the fact that you did whatever  you did in a state court -- copyright law is exclusively federal.

You know, I handle ip matters and business startups every single day of my working life.  It saddens me to encounter people like you who not only provide monstrously wrong advice, but who do so spitting forth venom at those of us actually qualified to help.  Asserting misinformation adamantly doesn't magically make it correct.

- Jeff

[Bill Richards]

Way to go, Jeff.  I was going to reply, but knew there were others that could do a much better job.  I was right, thanks!

[Isaac]

I wrote the poster off as a troll.  I assumed nobody could be that wrong without trying.

[Lyza]

I think you guys are being too hard on William.  We should be soliciting his vast untapped knowledge base on thing such as patenting a name or trademarking an idea or method.  So come on, William.  Don't let them bamboozle you.  Give us some of your vast experience and knowledge of intellectual property.

Before you do, however, you need to go back to the state office you were originally at and get them to explain just exactly what it was that you paid money to receive (probably just a business license) on behalf of your band.  Then you need to go back to your studio and make and play music, which is hopefully something you DO know something about.

Another glaring example of the entertainment community misinforming the general public.

[Isaac]

Before you do, however, you need to go back to the state office you were originally at and get them to explain just exactly what it was that you paid money to receive (probably just a business license) on behalf of your band.

I thought he might have meant have been doing that or alternatively registering a DBA name, but what in the heck could he have misconstrued as being the following:

"And then you have to take it to the Superior Court, and ask for the Copywrite Laws (depending on place and state and country) to be put into effect for what ever name you give them."

[Lyza]

That's a darn good question.  Lord only knows what he actually did since he can't even correctly spell "copyright."

[Sara]

Is there any way to just patent a band name perhaps?
Our band is starting to do performances, and some other bands are trying to take out name to steal some of our thunder.
I need something cheap yet effective to keep it soley ours.