Business History Books » Business Consultant » Band name registration, copyright?
Band name registration, copyright?
Question:
><snip> >I have a couple of businesses which I registered with the county and >state to obtain resale licenses. Both being essentially retail/service >businesses that was necessary to handle the sales tax. >Would that mean I’d register the band the same way, as a retail business?
In Texas, if you’re doing business as someone other than yourself (i.e., I want to open a store called Hill Country Music), then you have to register the alias (called a "dba", or "doing business as") with the state. This has no bearing on whether you are collecting a sales tax or anything else that has to be reported to the state. They’re not extremely active in enforcing this; but, if someone complains that you’re using their name, this is SOME protection. ><snip> >I’ve been down that road on some other issues and it’s not necessary for >the band. I’m not trying to control the "look and feel" of the printed >material or even the website, just the name. I’m using a commonly >available font and don’t have a logo. >Thanks, >Neal ><snip>
As far as the website goes, you can copyright it, but, just like printed music, the copyright’s only protectable if you have registered the copyright with the feds. JMTCW (just my two cents worth), Charlie S.
Response:
>You can register a web site for $15/year. If you own the site, you kind of own the name as well.
Of course you don’t. You own the rights to use a name of a website, not a band. >Not officially but it should work most of the time.
Until it involves collecting money for someone who infringes on your name, which is the whole point of doing it in the first place. I’m all for people helping out and answering questions people ask, but don’t answer legal questions that you don’t really have any legal basis to base your answers.
Response:
My band owns the servicemark of our name: Stronger Than Dirt. A trademark is for a physical product – Proctor and Gamble owns the trademark for "Stronger Than Dirt." We aquired the servicemark because a band member we fired started booking gigs under our name and sucked so bad we were afraid it would kill our local reputation (it did cost us a few gigs). He registered our name in the county courthouse for his own use, hoping to take the name with him. Only AFTER this did we file for the servicemark. The timing didn’t matter. Our lawyer (our then-singer’s dad) said that you can register the name Burger King, but that doesn’t mean the name is yours to use. The servicemark took a year to finalize, but it’s ours and works nationwide. My band’s site: www.strongerthandirt.com
Response:
Oops. Looks like I made a boomer! The official answer to your question: Hire a trademark or copyright lawyer. Be prepared to pay for a thorough search. Be prepared to lose to a large corporation if they want your legal name badly enough, anyway. Do not look for free advice on a newsgroup unless your lawyer told you to. And have a nice day. If your biggest fear is that a bandmate will book jobs under your name, the courts are not the place to settle it. Geoff Boulden
Response:
> Oops. Looks like I made a boomer! > The official answer to your question: > Hire a trademark or copyright lawyer. Be prepared to pay for a thorough > search. > Be prepared to lose to a large corporation if they want your legal name > badly enough, anyway.
Some years ago, a fellow whose legal name was Jeep beat Dodge/Chrysler who tried suing him to prevent him from using his legal given name. On another matter, I spent 6 years in court with an insurance company and won. My lawyer worked on contingency. > Do not look for free advice on a newsgroup unless your lawyer told you to.
You new around here? Is English your primary language? Did you see any request for free legal advice in my post. Around here we share experiences and, frequently much more. It’s sort of like a community where people help each other, usually on a reciprocal basis. > And have a nice day. > If your biggest fear is that a bandmate will book jobs under your name, > the courts are not the place to settle it.
That’s true in my experience. Back in Chicago we didn’t resort to the courts unless it was a deserted basketball court at night. The object of the exercise is preemptive, not to make a career change of going to court. Neal > Geoff Boulden
– Neal Pollack PressPlay Computer Consultants "A still tongue fills a wise head." –Blind Jim Brewer
Response:
> I have a couple of businesses which I registered with the county and > state to obtain resale licenses. Both being essentially retail/service > businesses that was necessary to handle the sales tax. > Would that mean I’d register the band the same way, as a retail business?
If the law in Colorado is anything like the law here, then that’s a separate issue altogether. Registering the name is only a means to protect the name and your right to use it. It’s done by the same office that handles corporations and LLCs, since name registration and reservation is usually done hand-in-hand with incorporating a new business. Registering as a retailer for a sales tax permit is not for protection of your name, it’s so the department of revenue has your identity for tax collection. If you do not have to pay state sales tax, then you would not need to register with the revenooers (most likely — again, Colorado law may differ). First thing is to determine whether music performance is subject to sales tax in Colorado. Should be fairly easy to do, if Colorado’s statutes and regulations are on-line, as most are these days. If you’ve got nothing to trademark, then I encourage you to do the name registration in your state. Lots of legalese about name reservations in Colorado here: http://www.sos.state.co.us/pubs/business/main.htm Check name availability in Colorado here: http://www.sos.state.co.us/pubs/business/main.htm You might want to just make a call to the Colorado Dept of State and ask — you never know, you might get that one in a million government employee that’s knowledgeable and happy to help.
Response:
You can register a web site for $15/year. If you own the site, you kind of own the name as well. Not officially but it should work most of the time. Geoff Boulden Sunny Buffalo
Response:
>>Does anyone bother registering or copyrighting their band name? If so, >could someone tell me the procedure please? People being people and band >politics being what they could sometimes be, I’d like to retain control >of the name of the band I started, regardless of personnel changes ,etc. > You can register a business name, and it’s done by individual states. > You’re only covered in the states you register in. Start with your home > state, of course, and probably all the neighboring states in which you > appear or in which the folks you’re worried about might try to use your > name. The state office is usually called the Secretary of State, Department > of State, or something along those lines.
I have a couple of businesses which I registered with the county and state to obtain resale licenses. Both being essentially retail/service businesses that was necessary to handle the sales tax. Would that mean I’d register the band the same way, as a retail business? > If you have a logo or a particular style or unique font in which your band’s > name is done, you can trademark that. That’s done with the Patent and > Trademark Office in Washington — it’s not a difficult procedure, but it’s > fussy, takes a long time, and will cost you most of a thousand dollars, even > if you do it yourself. Go to www.uspto.gov and check out the info there. > It covers you everywhere in the US.
I’ve been down that road on some other issues and it’s not necessary for the band. I’m not trying to control the "look and feel" of the printed material or even the website, just the name. I’m using a commonly available font and don’t have a logo. Thanks, Neal Neal Pollack PressPlay Computer Consultants "A still tongue fills a wise head." –Blind Jim Brewer
Response:
I visited a web-site awhile ago, and registered a band name I had with the site.It supposedly registers the name to your name, and publishes the names on the web-site.How legal this is I dont know, but the date IS recorded at the time. It may have been www.bandnames.com or something like that. Scott
– Hide quoted text — Show quoted text -> Neal Pollack writes: > Does anyone bother registering or copyrighting their band > name? If so, could someone tell me the procedure please? > Various no-cost "registration" schemes have no legal standing against > infringement. The ONLY real protection is seeking trademark status (not > copyright), which is not cheap. > The place below will do it for you for $650: > http://www.thebandregister.com/legal/index.htm > There are a couple of legal articles linked on that page that explain the > concept quite well. > E-mail: bongolation<AT>mail.md – Change <AT> to @ symbol to reply. > See COMPLETE headers for more info. Headers are good – view them.
Response:
http://www.hitme.net/useful/tmfaq.html Above mentions a Nolo Press text. I love their books. http://www.music-law.com/bandname.html Above discusses territoriality, interesting legal concept. http://www.uspto.gov/web/offices/tac/tmfaq.htm#Other006 Above straight from the horse’s mouth (US gov’t).
Response:
Neal Pollack writes: > Does anyone bother registering or copyrighting their band > name? If so, could someone tell me the procedure please?
Various no-cost "registration" schemes have no legal standing against infringement. The ONLY real protection is seeking trademark status (not copyright), which is not cheap. The place below will do it for you for $650: http://www.thebandregister.com/legal/index.htm There are a couple of legal articles linked on that page that explain the concept quite well. E-mail: bongolation<AT>mail.md – Change <AT> to @ symbol to reply. See COMPLETE headers for more info. Headers are good – view them.
Response:
Which has really no legal bearing at all if someone wants to use the name later on. You: "But, you can’t use that name, I have it registered on bandnames.com" Judge: "Yeah, so what. United States Code delegates the patent and trademark office to regulate such matters, and there’s no mention of "bandnames.com" in the statutes. Tough luck, kid.
– Hide quoted text — Show quoted text -> I visited a web-site awhile ago, and registered a band name I had with the > site.It supposedly registers the name to your name, and publishes the names > on the web-site.How legal this is I dont know, but the date IS recorded at > the time. It may have been www.bandnames.com or something like that. > Scott > Neal Pollack writes: > > Does anyone bother registering or copyrighting their band > > name? If so, could someone tell me the procedure please? > Various no-cost "registration" schemes have no legal standing against > infringement. The ONLY real protection is seeking trademark status (not > copyright), which is not cheap. > The place below will do it for you for $650: > http://www.thebandregister.com/legal/index.htm > There are a couple of legal articles linked on that page that explain the > concept quite well. > E-mail: bongolation<AT>mail.md – Change <AT> to @ symbol to reply. > See COMPLETE headers for more info. Headers are good – view them.
Response:
Does anyone bother registering or copyrighting their band name? If so, could someone tell me the procedure please? People being people and band politics being what they could sometimes be, I’d like to retain control of the name of the band I started, regardless of personnel changes ,etc. TIA, Neal — Neal Pollack PressPlay Computer Consultants "A still tongue fills a wise head." –Blind Jim Brewer
Response:
> Does anyone bother registering or copyrighting their band name? If so, > could someone tell me the procedure please? People being people and band > politics being what they could sometimes be, I’d like to retain control > of the name of the band I started, regardless of personnel changes ,etc.
You can register a business name, and it’s done by individual states. You’re only covered in the states you register in. Start with your home state, of course, and probably all the neighboring states in which you appear or in which the folks you’re worried about might try to use your name. The state office is usually called the Secretary of State, Department of State, or something along those lines. If you have a logo or a particular style or unique font in which your band’s name is done, you can trademark that. That’s done with the Patent and Trademark Office in Washington — it’s not a difficult procedure, but it’s fussy, takes a long time, and will cost you most of a thousand dollars, even if you do it yourself. Go to www.uspto.gov and check out the info there. It covers you everywhere in the US.