Rights in a band name aren’t usually created by trade, word or servicemark registra-tion. They’re established by use. That means performing and promoting under the name,
selling merchandise that carry the name, etc. So, it’s important to keep good records as
mentioned in chapter 10.
Trademark registration is another area where it’s a good idea to consult with your at-
torney. It’s not required, but a wise move, nonetheless. The registration process, infringe-
ment issues and the likes tend to get quite complex and thus, out of the scope of this
book. I’m not an attorney, so all I can do is touch on the topics. Your attorney can direct
you along the correct path and aid in the registration filing process. Also, in addition to
any attorney fees, if you choose to use one, the trademark registration fee is roughly $325
USD at the time of this writing.
Understanding Copyright
Copyright is a collection of exclusive rights granted to the creator of an original work that
includes the right to copy, distribute, and adapt the work. These works, however, must be
fixed in a tangible medium. For example, a choreographic work might be copyrightable if
it’s recorded, but not if it only exists in the mind of choreographer. For a musician, that
can mean their idea for a song can’t be copyrighted, but may be when it’s written down in
physical form and also when recorded. Ideas are not copyrightable, but the tangible and
fixed expression of an idea is.
Think of copyrights as a pie that you can slice up several different ways. Copyright
can be licensed in either an exclusive or nonexclusive transfer. Exclusive transfers in-
clude the following rights: