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Registering your Artist Name
How do you go about copyrighting/registering your producing/artist name/alias etc? I've noticed in the amateur producer forums that a few people have names that are already in use by artists. How do you go about making sure the name isn't already being used, or even registered (or does nobody care)?
I know this might be more a legal issue, and that once you get signed a label will probably give you an artist name that fits their image/doesn�t infringe on copyright laws, but how can you make sure now?
Re: Registering your Artist Name
| quote: |
| Originally posted by Rob How do you go about copyrighting/registering your producing/artist name/alias etc? I've noticed in the amateur producer forums that a few people have names that are already in use by artists. How do you go about making sure the name isn't already being used, or even registered (or does nobody care)? I know this might be more a legal issue, and that once you get signed a label will probably give you an artist name that fits their image/doesn�t infringe on copyright laws, but how can you make sure now? |
The thing was I wanted to use the name "RSK" (which are my initials) but some fucking country/pop singer already uses it! ( www.rskmusic.com ) 
dont think you can actually copyright yoru artist name..or at least until you have a release. Then your name will automatically be registered or better yet "known" to the pugblic.
relax, you can still use RSK, especially since its not even the same genre of music....remember along time ago with the rock group "BUSH" and they had to call themselves "BUSH X" becaseu the name was taken. but when its different genres, you're fine cause there shouldn't be conflictions. i think there are rock groups around called "above & beyond" and with the amount of new names that pop up daily in EDM, no one will even second guess a name like RSK, like omg, you're such a phonie stealing other ppls names.
| quote: |
| Originally posted by djbruuen relax, you can still use RSK, especially since its not even the same genre of music....remember along time ago with the rock group "BUSH" and they had to call themselves "BUSH X" becaseu the name was taken. but when its different genres, you're fine cause there shouldn't be conflictions. i think there are rock groups around called "above & beyond" and with the amount of new names that pop up daily in EDM, no one will even second guess a name like RSK, like omg, you're such a phonie stealing other ppls names. |
Had a chat with one of my friends who does law, and he passed me onto this link: http://www.apra.com.au/writers/faqs-band_names.asp
For Composers,Authors and Publishers of Music
Band Names
Band Names: can they be protected?
By Randall Harper of Harper Watson Solicitors
APrap June 1997
It is remarkably common for two bands, usually in different countries, to choose the same name. The result of course is confusion - or a name change. Icehouse changed their name from Flowers because of the existence of an American band with that name while The Angels were known as Angel City in the United States because of a local band called Angel.
The existence of Australian bands names Squeeze and Jigsaw caused two English bands to bear the names UK Squeeze and British Jigsaw on their Australian records.
Perhaps the best-known case of band name confusion occurred in the early 1980s when NSW band Popular Mechanics stopped New Zealand band Pop Mechanix from using that name in NSW and the ACT as a result of lengthy and expensive court proceedings. Pop Mechanix eventually re-named as NZ Pop.
And so how should a new band protect its name?
There are a number of ways in which this can be done. Perhaps the most effective way is to register the name as a trade mark, which means that one registration has an Australia-wide effect.
However, the problem with trade mark registration is that it may be expensive (the final costs may be up to $1,000 or more when filing fees and legal and other costs are taken into account) and slow (it will almost certainly take more than a year before the trade mark is registered although the registration is then backdated to the date of first lodgment).
Registration of a trade mark entitles a band to protection of the name for at least seven years. If another band uses the same or a similar name anywhere in Australia, you may stop them breaching your trade mark so long as you have not stopped using the trade mark at the time when the second band emerges.
You may also be entitled to receive damages from someone who infringes your trade mark. Another method is by registering your band name as a business name in one or more states. At present, registration of a business name in one state gives you no rights in regard to that business name in other states of Australia and consequently may be of limited use if the band intends to play in all states or receives air play in all states.
Registration of a business name merely prevents someone from registering the same business name or a name which contains exactly the same words as the band name together with other words.
However, registration of a business name may be useful as evidence of when a band first started using a name should that ever become a point in issue, as it may well if there is a dispute about who is entitled to use the name. It is also cheap with all costs unlikely to exceed $150 per state. If you don�t have an office in each state requiring registration, an agent must be appointed which could lead to more expense.
The other main way in which a band name can be protected is by commencing proceedings against someone using a deceptively similar name, alleging that their conduct is misleading and in breach of the Trade Practices Act or Fair Trading Acts, or alleging that they are passing off their work as your work because of a similarity of names.
The Trade Practices Act was used by Popular Mechanics to stop Pop Mechanix from using that name. Such litigation is however very expensive and it would be unwise for a fledgling band to run litigation of this sort without the support of a record company more able to pay the legal bills.
In short, there is no one way to protect your band�s name, although every effort should be made to ensure that your band remains distinctive from every other band in the marketplace.
To achieve that effectively, you really need to get a reputation. Determining how to protect your band�s name is part of your overall business planning and in this regard the band and its manager should be prepared to liaise with experienced music industry solicitors.
I remember back in the audiogalaxy days that downloading music from Bad Company (EIB the drum n' Bass semigods of those times) was a pain in the arse cos I kept getting music from this 70s rock group.
I once almost made the mistake of buying an import album form Nirvana, that wasn't from the well known Nirvana. I later learned there's this group called Nirvana from the U.K.
blahblahblah
point is, I think the same as djbruuen's opinion.
example, if I'm Bob Dylan 
and want to come out with music under my name, can he sue me if its MY name also.
...maybe sue my parents 
interesting article Rob, thanks.
for now, till I'll save some money, I only have my gmail registration date as an evidence in case someone would try to steal my name 
(Monogon).
oh and I also have the date of my first thread here in TA ander that alias 
A long time ago I wanted to use the name Limit as my artist name, but then found out that a stupid punk group had already used the name so I was screwed...so now I use the artist name of "ACTIVE ONE"...yes I came up with that years ago not recently, but my internet name has always been Limit or Limit54.
yeah just last week I found out that there is already a "DJ Xavi" 
| quote: |
| Originally posted by Xavi yeah just last week I found out that there is already a "DJ Xavi" |
yeah he is...Xavier Roel or something.
Does no one remember the Sasha issue? He (his management)went to court over the use of his name as there is a really cheesy german pop singer who releases under the name of Sasha. In the end Sasha (DJ) won nearly all the areas that were being contested apart from Germany because although his records had been sold in germany they had never been released on a native german label, whereas the other sasha(pop) had. So you can sell records in another country but it doesn't guarantee copywright unless you can establish first use there.
Sorry to bring back such an old thread, but this recently came to my attention:
http://www.pioneerrecords.co.uk/mus...listo-somewhere
http://www.pioneerrecords.co.uk/kallisto_biog.html
Chris Shepherd and I have been using the "Kallisto" alias for our co-productions since 2004, and then last month these moniker-thieves came along with a tune. I don't want my name to be associated with their music.
Anything I could/should do? 
| quote: |
| Originally posted by Fundamental Sorry to bring back such an old thread, but this recently came to my attention: http://www.pioneerrecords.co.uk/mus...listo-somewhere http://www.pioneerrecords.co.uk/kallisto_biog.html Chris Shepherd and I have been using the "Kallisto" alias for our co-productions since 2004, and then last month these moniker-thieves came along with a tune. I don't want my name to be associated with their music. Anything I could/should do? |
I remember Blink 187. They were called Blink at first, but then they discovered there was a band in Scotland which had the same name. So they put some random numbers behind their name.
btw My artist name is Tiesto 643
you can use other people's names if they didn't copyright their logo and name. for example there is more than one KoRn, there's the rock super group and there's a latin singing group both named KoRn, there's more than one tool, a rock act and an electronic one. and ofcourse there are ways of getting around things, like if someone takes apple, you make it the apple, perfectly normal, in case of THE prodigy 
Thing is, for me at least, that I wouldn't want to use a name that someone else is already using. It just feels cheap somehow.
I've been using the name skot_e since I was in school (way back in 1990) and used it on the net for years untill the late 90's -good old dial up. I dropped off the internet untill last December, and have discovered someone was using this moniker for a while. Can't believe someone else came up with the same spelling exactly.
As for trademarking your name, registering a buisness name for $150 in 7 states makes no sense. And regardless, your only covered in Oz.
Interesting read!
I am in a similar situation in where I have released two tracks in canada, usa and england as E:mortal, and there's another hip hop artist with a release in canada as E-mortal.
Reading this though I guess I'm safe, at least until one of us gets more attention
For all I know there is no such thing as a 'copyrighted artist name', though if your artist name is Mauro Picotto, making a tune called Alchemist or Iguana is an infringment, I guess.
i have yet to run into any band or producer using my name.. hopefully no one does either
I've checked all the big internet sites and even a google search for the term brings me up as first hit
Transcendental Paradigm.... guess its just too original to steal
I feel pretty safe on Armani Vespucci myself, particularly because it's a pseudo-Italian moniker formed from two last names.
Sounds sexy, though, doesn't it? *cough
i've never bothered. once u have one release out you can then be pretty much authorised as the original owner. whenever i pick a new alias (not very often coz im a lazy twat) ill check it against discogs first to make sure nobody else has it out of courtesy
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