July 31st, 2009 at 06:43pm
Under trademark law
www.music-law.comtakes the guesswork out of trade marking your bands name. If you have a unique name that you want associated with your music, then you should take steps to protect that name, because as you grow and succeed, that name will epitomize you.
They go on to say:
The two key concepts involved in “protecting” the name of a band are “territory” and “priority”. Territory means the area where you use the name, e.g., Chicago, Illinois, Mid-West, United States, world-wide, etc. Priority, as the word implies, involves who uses the name first. These two concepts work together to limit the scope of protection for a name.
If you started using your name first, you can prevent others from using it. However, the law allows you exclusive use of the name only in the area where you have used it. For example, if you started playing the Chicagoland area in 1989 and never played or distributed music outside the Chicagoland area, you could not prevent a band from using the name in Florida. However, they could not use the band name in Chicagoland since you were the first to use the band name there. You also may acquire the rights to your name for Chicago in 1989 and nation-wide in 1992 when you release your first record for a major. If someone started using your name in another part of the country in 1990, you could not prevent their use in their territory since they have priority in that area.
A famous case involved two bands both performing under the name, “Flash”. The first was a small band in San Francisco who had never recorded a record and the second was an English band that had a major label deal. Since the San Francisco “Flash” was a prior user in that area, the English “Flash” was not allowed to sell albums in the Bay area.
Before investing money in the name of your band, you should investigate whether anyone else is already using the name. If someone is already using your name, as explained above, they have priority in their territory.
This Information is Brought to You By “EZ Record Deal”, the ultimate guide to getting a record deal. Visit EZ Record Deal now by going to www.EZRecordDeal.com
Linda Lane is a 5 star writer for The Music Business Center, read more of her music business success articles and subscribe to the Music Biz Center blog free of charge at
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July 15th, 2009 at 06:43am
Under music copyright
It is often bandied about that all you have to do is to place your manuscript or recording into an envelope, seal it and mail it to yourself. This supposedly uses the US Postal Service as the official government agency to certify that what is contained within the envelope is truly your material. This has been proven to be weak at best. Assuming that everything works according to the theory, the best you could do is prove prior ownership, maybe get a cease and desist order, but it’s doubtful you would ever see any money.
According to the US Copyright office you will have to register your music with them, if you wish to bring a lawsuit for infringement of a U.S. work. Registering with the copyright office also records your copyright publicly and provides you with a certification of registration. Should some nefarious beings abscond with your creation, and you have successfully obtained a copyright, you may be entitled to statutory damages and recoup attorney fees in a court of law. Without that piece of paper, you will most probably lose, or at least not recover any monetary damages.
Will a Copyright Protect Me in Other Countries?
The United States has reciprocal agreements with other nations with regards to copyright enforcement, but not with every country. While we respect the copyrights of others, they may not respect ours. This is the nature of the business you are entering into.
Make sure you have the right to ownership.
If you created your music solely on your own then you can file for copyright with you as the creator. If you were part of a group or had collaborators, then those parties may also have a legal interest in the copyright. If you have any doubts about ownership of your works, then it is best to seek the advice of an attorney who specializes in copyright law. A little effort on your part in the beginning to make sure that your rights and interests are fully protected to the extent the law allows, the smoother sailing you will have.
This Information is Brought to You By “EZ Record Deal”, the ultimate guide to getting a record deal. Visit EZ Record Deal now by going to www.EZRecordDeal.com
Linda Lane is a 5 star writer for The Music Business Center, read more of her music business success articles and subscribe to the Music Biz Center blog free of charge at
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