Here it comes, another quote from a wise member of the Hottest Band in the World…..

“Every time Paul and Gene use my makeup, they have to pay me a royalty check.
I think they changed the makeup so they didn't have to pay me.”
-Paul Daniel Frehley (a/k/a Ace Frehley, lead guitarist, KISS)

Ahhh, our favorite rock and roll Spaceman must have done his legal homework (or had an entertainment lawyer do it for him) and protected that signature makeup design.  Good job, Ace! 

Have you protected your band name?  Your logo?  The artwork on your CDs?  Your music?  Your unique  makeup?  If not, there’s no time like the present to take care of that critical aspect of your band’s business.  The body of law that encompasses this topic is known as “intellectual property” law.  Generally speaking, intellectual property law concerns primarily copyrights, trademarks and patents.  For a band’s business concerns, patents are not going to factor into things in most situations.  Copyrights and trademarks, however, are the two protections with which you’ll want to become familiar.

A work (in this context, commonly a “song”) must be original in order to be copyrightable.  You “get” a copyright the moment that you create a “tangible copy” of your song.  A tangible copy could be the napkin on which you wrote down the song or it could be simply a recording you made on a micro-cassette recorder.   No, you do not absolutely need to register in the nation’s capitol in order to have a copyright on your work.  However, you do gain some significant benefits by registering your copyright.

When you register your songs, you are creating a public record of a copyright claim.  In the event that you believe someone has violated your copyright, the public record is the basis for bringing an infringement suit in federal court.  If you register a copyright within five years of your work being published, your copyright is presumed valid in court against other claims unless proven otherwise.  Also, if you register your work within three months of the work being published, or prior to the work being infringed upon, statutory damages and attorney’s fees are available to you if you prevail in an infringement lawsuit.  In short, registering a copyright greatly increases your chances of winning an infringement suit and receiving the maximum award recoverable.

Now a word about trademarks.  Actually, a band name would typically be protected by a “service mark” rather than a trademark since service marks are used in connection with services (in the case of a band, your performances are providing entertainment services).  Other things such as logos, designs and slogans can be protected by trademark since trademarks are used on goods and products.  Similar to a copyright, you do not need to register with either the state or federal government in order to avail yourself of trademark or service mark  protection.  However, registration, especially federal registration, can be helpful both as a deterrent to keep other bands from infringing on your name, logo, etc. and it can also prove beneficial in enforcing your trademark.

As with many aspects of running your band’s business, you can take the do-it-yourself route to obtaining formal copyright and trademark protection.  Just make sure you do your research, use the correct forms and correctly complete those forms!  Should you require or desire assistance in order to ensure that everything is being done properly, seek the services of a qualified entertainment attorney to handle these intellectual property issues for your band.

Until next time, ROCK ON!

 

 

 

Read Part 1 | Part 2