Join Richard Stim for an in-depth discussion in this video Protecting your band name, part of Music Law: Managing a Band's Business.
- Your band name is protected under trademark law,…an altogether different type of law…from copyright laws that protect your songs and recordings.…A trademark is a word, phrase, or symbol…used in commerce to identify your band.…In very broad terms, the first user of a band name…can stop another band from using their trademark…if it's likely that fans would be confused.…It doesn't matter who was the first to dream up a band name,…what matters is which band is the first…to use it in commerce,…that is on posters and newspaper advertisements,…online or on recordings.…
As soon as you publicly use it,…and assuming no one else has previously…and continuously used it for music purposes,…it is your trademark.…If a different band already has the same name…that you want to use,…don't be tempted to get around trademark law…by changing the name slightly.…Names that sound alike or have the same meaning,…even if they're spelled differently,…or are in a different language,…are often likely to cause fan confusion.…For example, the name Arcade Fear…
It starts with what it means to be the manager of a band, and what types of business structures are available for bands. Once you've decided on a business structure, you can create a band partnership agreement that covers voting rights, postbreakup scenarios, new members, and terms for resolving disputes. Richard also exposes potential sources of disputes, like ownership of the band name, songs, equipment, and recordings. He includes advice on negotiating solid band contracts and managing financial basics: taxes, income, cash flow, and bookkeeping. Finally, he'll address how to protect your work, including your copyrights, band name, and songs, and explains how to find a lawyer—and save money on attorney fees.
DISCLAIMER: This course is taught by an attorney (or other instructor) and addresses US law concepts that may not apply in all countries. Neither LinkedIn (including Lynda.com) nor the instructor represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views (and legal interpretations) presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- Putting together a band partnership agreement
- Working out ownership disputes
- Limiting band liability
- Protecting your copyrights and band name
- Hiring a lawyer