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Band Names

  • 30-08-2003 2:56pm
    #1
    NWA4EVAJAY
    Closed Accounts Posts: 16 ✭


    Does anybody know how I would go about checking if my bands name has already been copyrighted?


Comments

  • #2
    Fianna
    Closed Accounts Posts: 55 ✭✭Fianna


    Hell yeah, I'd love to know aswell, it's a real bitch.

    The only way I've ever checked for any bands I've been in is to search the net for any reference to your band name, and also search tab sites. Pretty ****ty way of doing it and definately not anywhere near a difinitive check, but hey.


  • #3
    Specky
    Closed Accounts Posts: 914 ✭✭✭Specky


    Actually I don't think there is a "real" way of doing this.

    The creator of an "work of art" owns the copyright automatically as soon as it is created and holds ownership of the copyright until he/she dies unless the ownership is legally passed on through some agreement between the owner and a third party.

    So even if a person thinks up a name for a band and writes it down, or tells it to his mates but doesn't actually go on to use it extensively, they still own the copyright.

    If someone else wanted to use the same name then they could do but the original creator of the name would be able to challenge their use of it. It would then be up to the original creator to prove that they own the name (can be difficult) and that they are suffering some loss as a result of the other person using the name (even harder).

    If on the other hand you were to trademark your band name (a process which is not automatic, only applies within the territory that the trademark is registered and only lasts as long as you are paying your subscription) then others are prevented from using the name.

    Similarly if you register the band name as a business name then others are prevented from using it as they may be passing themselves off as you (again you need to pay money to register the business name).

    This is only a very brief comment on the whole business of copyrights and trademarks. There are other experts around who can give you more info but really copyright is very vague and difficult to enforce.

    An old trick in the songwriting game is to seal a copy of whatever you are copyrighting in an envelope and send it registered post to your solicitor (or even yourself although it's harder to prove you didn't tamper with it) with the instruction that it is not to be opened for safe keeping. In the event of a copyright dispute you can then open the envelope to prove that you were the original creator.


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