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Copyright and Band Names
Old 11th May 2021
  #1
Gear Maniac
 
Phil F's Avatar
 
๐ŸŽง 5 years
Copyright and Band Names

Ok, so I like know nothing about this at all, so.......

I've been making music for a few years now and have been releasing it on Bandcamp and am ok with the way things are. I make a tiny bit of money and I like my band name. Unless I am incredibly lucky, it will always be this way and I'm ok with that.

I became aware last week that another band were now also using the name that I chose. They've made videos and stuff and have got their own Facebook page - they clearly mean business and look like they really want to sell records :-)

So, what do I do? They've started following me on Twitter and Instagram, so are fully aware of my existence (that's how I know they exist)

Do I need to copyright my name? Start looking for another band name? Or just forget about it?

Hmmmm
Old 9th August 2021
  #2
Here for the gear
 
Wow Phil, you seem to know your options. Is this other band the same genre as you? Do you really care if they have the same name?
Old 9th August 2021
  #3
Gear Maniac
 
Phil F's Avatar
 
๐ŸŽง 5 years
Thanks for the reply!

Different genres completely - absolutely no chance that my music could be mistaken for theirs :-)

I think I was bothered a little bit back in May but not so much now. I think my concern is that they might get a bit aggressive about the name thing i.e. they might want it for themselves - it's just a vibe I get off them based on absolutely nothing really.

I've just had a look at them and they have members of Faith No More and their singer is described as a 'rock legend'. I make quiet and introspective ambient music. I've got no chance
Old 9th August 2021
  #4
Here for the gear
 
If anything it sounds like they may even give your music some more light! (Although I have no clue who faith no more is)Unless they try to rip your name from you which could get ugly! I think copy righting is quite cheap, my buddy copyrighted his punk band and I know those guys are literally flat broke. Haha

Another friend of mine has a band with another group of the same name but neither are very big so nothing ever really became an issue. I think both now cease to exist *shrug*
Old 11th August 2021
  #5
Lives for gear
 
๐ŸŽง 5 years
Who @ SwordMonger is your friend and who's the band and this is FNM

Old 11th August 2021
  #6
Here for the gear
 
The punk Band is "SpeedPlans" should be able to find them on band camp pretty easily! The band that shared a name was called "Joose" they have most of their stuff on YouTube. Both these bands are from Pennsylvania, I can try to find some links a little later on! Also thanks for the PM @ boombapdame I'll try to figure out how to reply shortly!
Old 1 week ago | Show parent
  #7
Lives for gear
 
jeremy.c.'s Avatar
 
1 Review written
๐ŸŽง 15 years
Quote:
Originally Posted by Phil F โžก๏ธ
Thanks for the reply!

Different genres completely - absolutely no chance that my music could be mistaken for theirs :-)

I think I was bothered a little bit back in May but not so much now. I think my concern is that they might get a bit aggressive about the name thing i.e. they might want it for themselves - it's just a vibe I get off them based on absolutely nothing really.

I've just had a look at them and they have members of Faith No More and their singer is described as a 'rock legend'. I make quiet and introspective ambient music. I've got no chance
Mr Bungle?
BTW you can't copyright a band name, you can servicemark it though and it's quite the process. There are all other kinds of things to consider as well, such as right to publicity and you could get sued if a service mark holder thinks you're using a similarity in order to profit off of it. You can have the same names if they're in distinct product categories that don't overlap (I.e. they release recorded music, do live shows, sell t-shirts, and you manufacture archery equipment and deep sea breathing devices), but obviously in musical recordings there can be only one! If you don't care, and they don't care there's probably not going to be much friction. If they beat you to the punch in registering and you don't object when they publish for opposition you could start receiving cease and desist letters.

How do I know any of this? I'm the guy who servicemarked Olivia Neutron Bomb. Olivia NJ never made a peep, but recently just slapped down a terrible indie artist calling herself Olivia Neutron-John. Guess the devil really is in the details...
Old 1 week ago | Show parent
  #8
Gear Maniac
 
Phil F's Avatar
 
๐ŸŽง 5 years
Quote:
Originally Posted by jeremy.c. โžก๏ธ
Mr Bungle?
BTW you can't copyright a band name, you can servicemark it though and it's quite the process. There are all other kinds of things to consider as well, such as right to publicity and you could get sued if a service mark holder thinks you're using a similarity in order to profit off of it. You can have the same names if they're in distinct product categories that don't overlap (I.e. they release recorded music, do live shows, sell t-shirts, and you manufacture archery equipment and deep sea breathing devices), but obviously in musical recordings there can be only one! If you don't care, and they don't care there's probably not going to be much friction. If they beat you to the punch in registering and you don't object when they publish for opposition you could start receiving cease and desist letters.

How do I know any of this? I'm the guy who servicemarked Olivia Neutron Bomb. Olivia NJ never made a peep, but recently just slapped down a terrible indie artist calling herself Olivia Neutron-John. Guess the devil really is in the details...
Ha - enjoyed reading that. Thank you
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