Copyrights & Trademarks: How to Protect Your Music

I've written about the difference between copyrights and trademarks before. Yesterday's post focused on literary works, which could certainly have commonalities (e.g. lyrics) with today's subject. From the written word to the spoken - today we're talking about...

SOUND RECORDINGS

Over the years we've worked with all kinds of musicians running the gamut of genres - rock and roll, country, hip hop, and even a Frankie Valli tribute band. Just like those creating literary works folks creating anything with sound will likely need copyrights and trademarks.

MUSICIANS & BANDS

Copyright

"Sound recordings are defined in the law as 'works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work.' Common examples include recordings of music, drama, or lectures." 

So any format which is "fixed" (i.e. CDs, MP3s, record albums, etc.) AND emits sound should be filed for copyright.  The Copyright Office allows online filing and seeing as how it's only 35 bucks a pop it is more than worth it to file each and every sound recording you create.

Trademark

You'll want to research and trademark any element that you're using that represents you as a band or a musician. This means your personal name (e.g. Beyonce), your band name (e.g. Maroon 5), or your logo (e.g. Wu-Tang). 

You may also want to trademark the name/logo for the actual performances (e.g. this Radiohead filing) AS WELL AS the tangible recordings (e.g. this Radiohead filing). 

And if your merchandise is a big part of your musical identity, you might also want to consider filing for those various products. Check out this filing to see how The Grateful Dead filed their skeleton logo for use on magnets, stickers, paper & cloth posters, and clothing. Of course, filing for trademark protection for merchandise may be well down the road but it's good to keep those possibilities in mind. Plus, hey, it's thinking positive! 

RECORD LABELS, STUDIOS, or PRODUCERS

Copyright

This area is going to be a bit different for you. Usually labels will own the copyright on the sound recordings (or attain them through a recording agreement); however, scenarios differ so cementing your plan before signing an artist is probably the way to go. Check out this link for further information.

Trademark

This area is pretty clear cut for you folks. Since you're offering a service you'll want to make sure that your company name and/or logo is legally available before filing for a trademark. 

Have questions? Please leave a comment here or email me directly -- shannon at tmexpress.com

Copyrights & Trademarks: How to Protect Your Book

I've written about the difference between copyrights and trademarks before but I thought it a good idea to get into the nitty-gritty of specific works. Today's post is about...

LITERARY WORKS

We've had the pleasure of assisting many writers and publishers over the years (need help with both? Check out The 90 Day Author) and this is a group of folks that need both copyrights and trademarks. Let's break it down, shall we?

WRITERS

First, congratulations! Whether you've completed a novel, a reference book, a cookbook, a children's book, or any major text, please take a moment to pat yourself on the back. That's quite an accomplishment and should be savored!

Now that you've got the creative-y stuff settled it's time to get to business, namely, the business of protecting your work. Simply put, copyright your printed works and trademark any element that you'll be using in commerce. 

Copyright

Literary works include fiction, non-fiction, poetry, textbooks, catalogs, and more. Check out the full list here. The Copyright Office allows online filing and seeing as how it's only 35 bucks a pop it is more than worth it to file each and every literary work you create. This is applicable even if you haven't published your piece yet. 

Trademark

What about Book Titles? 


This is an area worth exploring a bit. Titles of a single creative work are not protected by trademark law. Let's delve into this a bit further. 

Single creative works consist of materials where the content does not change, such as a book, a DVD, downloadable songs and a film. Single creative works do not include periodically issued publications, such as magazines, newsletters, brochures, comic books, comic strips or printed classroom materials, because the content of these works change with each issue. 

However, trademark registration may be possible if the title is used on a series of creative works or is used in other arenas. 

When it comes to titles for a book series, the rationale is the same: while the title stays the same, the content changes. Take a look at the filing for Ring of Fates, part of The Final Fantasy catalog: "a series of books featuring fictional stories and/or fantasy stories." 


When it comes to trademarks for literary works it is not possible to protect the work itself but it could be possible to protect the various representations of the work. I'll explain:

- If your literary work is a part of a series (e.g. Harry Potter) then you should have comprehensive research conducted prior to filing for a trademark.

- If you have a set of characters or designs or even the book title that will be used on goods such as clothing, toys, posters, etc. (e.g. Dr. Seuss) then, again, you'll need comprehensive research conducted prior to filing for a trademark.

- If you're not sure if a trademark applies to your situation, please leave a comment here or email me - shannon at tmexpress.com

PUBLISHERS

Copyright

This area is going to be a bit different for you. Some publishing companies own the copyright to the literary works though, more often than not, publishers typically are licensees. Where your company falls in this spectrum is going to depend on your author agreements. For further guidance, check out this booklet from the World Intellectual Property Organization. 

Trademark

This area is pretty clear cut for you folks. Since you're offering a service you'll want to make sure that your company name and/or logo is legally available before filing for a trademark. 

Have more questions? Please leave a comment here or email me directly -- shannon at tmexpress.com

Copyrights & Trademarks: Do You Need Both?

Protecting the intellectual property aspects of your business is a worthwhile investment. However, it is difficult to know what form of intellectual property works for what facets of your business. Let's take the time to break all that down.

Copyrights:

Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.

To protect text as it appears on advertising copy, speeches, pamphlets, brochures, online works, reports, etc. a Literary Works application would be filed.

To protect pictorial or graphic items such as technical drawings, posters, labels, games, etc. a Visual Art Works application would be filed.

Only a few items that could be protected by copyright are noted here so if you have other items in mind, please feel free to email me at Shannon@tmexpress.com and I can point you in the right direction.

Trademarks: A "registered trademark", or ®, refers to a name, slogan or logo that has been officially registered with the United States Patent and Trademark Office (USPTO). Registering a trademark is beneficial to a business because it publicly states that your trademark is registered with the USPTO and therefore, you have exclusive rights to that name within your industry.

Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

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