Does anyone know how you go about copywriting your bands name?
When I was trying to think of same names I search google to see if other bands had the name - it seems like their is 10 bands that have the same name everytime I try typing in a name - I was thinking about Alchemy but damn a lot of bands have that name.
Is their a limit on how many bands can have that name? I've heard of many bands being sued from having the same name - how do I not get sued? - - because that would be bad.....
I don't know if it's possible. I think it would end up being a trademark rather than a copyright.
You probably can't trademark the band's name any more as so many others have used it.
What you can do is found a company, which offers music for a fee or employs you to provide music services for a fee and trademark yourself that way.
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So if I used the name "Alchemy" for a band name I couldn't get sued by say some Alchemy named heavy metal band or acoustic sound of the U.K. - some underground band like that...?
Band names can't be copyrighted (nor can song titles or chord progressions). I don't recall ever seeing the required TM after a band name to designate it as a trademark.... however, I do remember a number of cases where lawsuits have determined who 'owns' a band name -- usually filed by a member of a group that splits up, when one of the other members tries to regroup under the same name -- so there's probably some property rights involved.
I wouldn't name a band with the same name as another band. They may have better lawyers... and then what would you do with all those T-shirts?
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The problem with using a name that someone else is using is that should you both become well known, there will be a huge amount of confusion over who is whom. This is why, in the late 50's, a particular singer's backing group changed their name from the Drifters to avoid confusion with the American group of the same name. They ended up becoming equally well known under their new name - The Shadows.
Find a name that is original, don't risk as NoteBoat says, some smart lawyers getting fat on your group's name.
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Agreed. Copyright does not work for names, and why does it seem that this has to be repeated here at least once a week?
Trade Mark actually does work. Of course, if you want to call yourself The Rolling Stones (they're probably TM'ed, but even if they aren't), their visibility and fame will outweigh you.
If you call yourself Alchemy and no other band in your country that has a recording contract or fame of some kind has that name, then you can legally force them to change their name. However, TMing you name will cost several thousands of dollars and will be legal only in your country. If you don't want anyone else to use the name, then you have to TM it in ever country. That's why it's so rarely done, it's simply not worth it.
In the 80's, Berlin ("Take My Breath Away" from Top Gun) had to change their name to Berlin (US) as a Canadian band released an album a couple of weeks before theirs and they were also called Berlin. They didn't outlast the first album, so Berlin (US) simply dropped the (US).
Moist, while they only had an independent album out and were touring a lot found several bands called Moist, not necessarily written the same way. They sent "cease and desist" letters, signed by lawyers and in all but one case, this worked. In the other case, all that was needed was a little more pressure.
Think about any name, it's likely someone else has thought about it too. The only solution is to become famous before them.
You got that right - there was an Al Green who became famous for more than just his music in the 1960's
A :-)
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The most interesting case I know on this subject involves the British band "Bush", fronted by Gwen Di Stefani's squeeze Gavin Rossdale, and Canadian Dominic Triano who is now primarily a TV music producer.
When Bush broke here in Canada, Dominic realized that they had taken the name of an outfit he had recorded with in the early 70's. He sent Bush a tongue-in-cheek letter asking them to acknowledge his claim to the name on the liner notes of any future albums. He received a letter in return from their solicitors telling him, in fine legalese, to stuff himself. This ticked him off to the point that he forced Bush to sell in Canada under the name "Bush X". I don't have the album but it's the one with "Everything Zen" on it. Would make a cool collector!
Who knows what it cost the band to make the change. It just shows that it is best, in all things, to maintain a sense of humour!
The English Beat was originally just called The Beat but changed its name to The English Beat to avoid being confused with an American band named The Beat.
