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Leafs
by Gary E. Andrews - 03/04/24 12:47 PM
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Joined: Sep 2002
Posts: 54
Serious Contributor
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OP
Serious Contributor
Joined: Sep 2002
Posts: 54 |
I am sure this has been asked before. I am having such a hard time with a lot of the business side of music. Help!
First of all, can I legally copyright a song or entire CD under a band name that does not have a tradmark/or registered as a business in my name?
Does a band have to be tradmarked to be a legit for business or can you regester your band name as a business? What would be the best way to go about protecting your name be? What would the most cost effective way be?
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Joined: May 2004
Posts: 486
JPF Mentor
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JPF Mentor
Joined: May 2004
Posts: 486 |
The questons were: -------------------------------
First of all, can I legally copyright a song or entire CD under a band name that does not have a tradmark/or registered as a business in my name?
Does a band have to be tradmarked to be a legit for business or can you regester your band name as a business? What would be the best way to go about protecting your name be? What would the most cost effective way be? ---------------------- These are commonly asked questions, but good questions nevertheless.
There must be an entity to own the copyright. Copyrights can be owned by business entities such as corporations, provided that they legally exist. However, it is more common with bands to register the copyright in the name of the author. If more than one person in the band helped write the song, or it is agreed that more than one person in the band will own the copyrights to the CD, list everyone on the copyright registration form. Keep in mind that any transfer of copyrights must be in writing. Band names should be trademarked. There is no substitute for doing this. Although you can file the name locally via a d/b/a certificate to establish the business and open a bank account, this type of filing will not ultimately protect the name or prevent someone who has a trademark from coming forward later and forcing you to stop using the name if it is confusingly similar to the name they have trademarked. As to your question on cost-effectiveness, this is a relative term. I always advise clients that it is more cost-effective to spend the money up front to properly register and protect the name, than it would be to try and fight a cease and desist order later in a trademark dispute, when you have spent years of your time, expended countless resources and energy building up name recognition only to find out that you have to stop using the name. My suggestion would be to establish a relationship with an Intellectual Property/Entertainment Attorney in your area who is willing to work with you and your band on a start-up basis. Good luck
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