|
Registering your Artist Name
|
View this Thread in Original format
| 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? |
|
|
| dinoXpress |
| 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? |
+1 one on this thread, im also interested in how you copyright your own songs? |
|
|
| Rob |
| The thing was I wanted to use the name "RSK" (which are my initials) but some ing country/pop singer already uses it! ( www.rskmusic.com ) :whip: |
|
|
| Limit |
| 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. |
|
|
| 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. |
|
|
| mikefasssy |
| 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. |
duno about that, manitoba had to change his name to caribou cause some punk rocker in the states already had the manitoba moniker taken or something, threatened with a lawsuit. |
|
|
| Rob |
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. |
|
|
| don_q |
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 :toothless |
|
|
| ronk |
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 :D |
|
|
| Limit |
| 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. |
|
|
| Xavi |
| yeah just last week I found out that there is already a "DJ Xavi" :rolleyes: |
|
|
| hardikaveri |
| quote: | Originally posted by Xavi
yeah just last week I found out that there is already a "DJ Xavi" :rolleyes: |
no
and wild quess.. he's spanish right |
|
|
|
|
