Bandname copyright

Manfred-Klose

Is there a way to copyright a band name? just wondering.

I just found a band on gumtree that used one of my song titles for their bandname? strange.
I dont care, i'm cool with.

But in the situation of the professional music industry, is there copyright?

The songs name is "Murder of Crows", and the bands name is also "Murder of Crows"

Here is the link to the add:
http://capetown.gumtree.co.za/c-Community-musicians-artists-Murder-of-Crows-seeks-heavy-metal-DRUMMER-W0QQAdIdZ70910354

my myspace link:
http://profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendid=365412168

Funny i suppose.

Thanks wessel for pointing it out to me.

teleplayer

As far as I know, u can register ur band as a CC, this way u kinda have it booked.. Far from that, um, get a record deal, haha..

My band's looking to do the same thing, pls let me know if u get any definate answers

Riaan-Combrink

teleplayer wrote As far as I know, u can register ur band as a CC, this way u kinda have it booked..

In RSA, that would only prevent another band (or any business) from registering a CC with the same name, but not from performing or recording under that name.

Band names and songs have a long connection. Sometimes a tribute kind of thing. British pop band "Deacon Blue" named themselves after Steely Dan song title ("Deacon Blues"), Rolling Stones named themselves after a a Muddy Waters song, band Radiohead after a song on Talking Heads' "True Stories" album, Sisters of Mercy after a Leonard Cohen song, Motorhead after a Hawkwind song, Powderfinger after a Neil Young song, Judas Priest from a Dylan song, Toad the Wet Sprocket from a fictional band in a Monty Python skit, etc, etc ...

So if anything, Manfred, just take it as a compliment.

In your particular case your position would,however, be somewhat compromised by "murder of crows" simply being the official English collective noun for a bunch of creepy black birds!! LOL ? ?

Riaan C

Manfred-Klose

I know its silly, i just thought it would be a great topic.

The only thing i learned in english class was collective nouns, the rest of the time i was sleeping.

I would like to go and see their gig, to see if they live up to their name.

I'm going search for another cool song title, and write a song about it.

maby something like........."a wall of marshall's" or "mercury rising"......and the list goes on.....

Manfred-Klose

The SA band "Love jones" had to change their name to "Stealing love jones", because of copyright issues.

The italian metal band "rhapsody" had to change their name to "Rhapsody of fire", anfter their 13th studio album they started over with a new name.

Riaan-Combrink

Hi Manfred,

I don't want to get to technical, but it really relates to the difference between copyright and trademarks. Also the laws are different from country to country. In most countries you can't copyright a bandname, but it can be protected as a trademark. It has to do with what is called "passing off"; ie deliberately setting out to confuse the record buying public by adopting a name identical or similar to another established band. Its the same like putting out a watch called a "Cassio", a shoe called "Nicke" or a burger joint called "Wimpies". You're trying to trick someone else into buying your product thinking its the "real" or "other" one. So when I said you can't copyright a bandname, I meant it in the technical sense. That's really the issue in the Love Jones kind of scenario. Not that someone else has copyrighted the name in the strict sense, but that you run the risk of getting taken to court for passing off if your name is the same or too similar.

I know that Colin always gives us credible and accurate RSA-specific advice regarding these issues, so maybe he'll see this thread. I do agree its a valuable topic, and hope my post wasn't misunderstood ... ???

Have a look at some of these (bearing in mind they're not South African).

http://www.alankorn.com/articles/band_trademark.html

http://www.copyright.gov/help/faq/faq-protect.html

Riaan C

Riaan-Combrink

Manfred Klose wrote "a wall of marshall's"

I really like that! A cool collective noun.

Here's a couple of "unofficial" collective nouns I've collected over the years (strange hobby, I know :-[)

An absence of waiters
An accompaniment of condiments
An amble of walkers
An annoyance of mobile phones
An anvil of blacksmiths
An archive of programmers
An assemblage of jigsaw puzzlers
An attitude of teenagers
An audit of accountants
A bank of circuits
A billow of smokers
A blaze of pyromaniacs
A body of pathologists
A bond of British secret agents
A brace of orthodontists
A buttload of proctologists
A camp of transvestites
A clench of sphincters
A clutch of auto mechanics
A collective of nouns
A crash of software
A dawn of morning glories
A desperation of divorcees
A disputation of lawyers
An embarrassment of parents
A flunk of students
A flood of plumbers
A fright of ghosts
A giggle of girls
A groan of puns
A gross of farts
A guilt of pleasures
A handful of palm readers
A harmony of singers
A huff of people who write letters to the editor
A jagger of tongues
A kettle of drums
A mass of Catholics
A number of mathematicians
A ponder of philosophers
A rhyme of poets
A rush of overnight couriers
A scale of ichthyologists
A slice of circumcisions
A snap of photographers
A Sousa of marching bands
A spread of nymphomaniacs
A stock of portfolio managers
A wave of surfers
A whored of prostitutes
A wiggle of Elvis impersonators

Now we need some more guitar related ones, like a plethora of plectra! ?

Manfred-Klose

Seems like we like our collective nouns.

here's some silly BAndnames from my high school days(nevere used them,they are really stupid):
1.Afganistan banana stand
2.Elvis and the starvation army
3. a band named tom

i know stupid i suppose.

Check out this site,its a bandname genrator, you enter a a silly word, and it generates a bandname for you, it will keep you entertained for hours.

here's the link:
http://www.bandnamemaker.com/

I also found this, what band names stand for:
http://library.thinkquest.org/4626/rock.htm

Wessel

@ Manfred.Rember our Band name "Hegpleister"?

A dude cut his finger in class and the teacher offerd him a "Hegpleister". Then whe said.That sould be our name ?
Wierd times.......

Hegpleister never worked out. It couldn't have been the name

FatBoy

Hahaha Great list Riaan!

Um I would SO go to a Hegpleister gig lol!

Manfred-Klose

Yes wessel i remember, those where the days when songs went like this:

Intro>>Verse>>>Chorus>>>10min guitar solo>>>Chorus>>20min guitar solo>>>verse>>Chorus>>>outro(30min guitar solo)............something like that, hey we where 16 back then, and nothing slower than 180bpm was allowed!!
Ha HA HA those where the days!!!!

I'm only over reacting, the fact is that when al the other guitar players our age listen to system of a down,POD, and korn......
we where listening to van halen,jimi hendrix,ozzy,stratovarios, micheal angelo!!!! oh and of course yngie.

Hegpleister would have ruled the world.

Wessel

Whe have changed allot...it's 5min solo's now ?. On the subject of trademarks and copyright. Who gets paid every time Jimmi Hendrix face or likelyhood is used? His face is on everything lately!

Renesongs

Elvis and the starvation army - love that one can I have it?

Who gets paid every time Jimi Hendrix face or likelyhood is used? His face is on everything lately!

His father treated him like shit and he never met his daughter. But hey, where there is money to be made, there is always family ???
http://www.jimi-hendrix.com/licensing.html

deanBailey

There are a few bands who got their name from song titles in SA

Chief Rebel Angel from Durban got their name from an Entombed song
Far Beyond Driven from PTA (or JHB) got their name from Pantera.

It might be the fact that these bands are a little too small to raise any awareness by the big bands who did the 'borrowing' that they haven't been sued or maybe it's just really 100% legal.

Manfred-Klose

Elvis and the starvation army - love that one can I have it?

Yes rene you may have that. I found that somewhere on the internet.

Mr-M

What about that dude Snotkop whose videos play on MK (Channel 324 DSTV)? I saw a video the other day that is a direct rip-off of the the Offspring's "Why don't you get a job." The video is pretty similar and the song is basically a direct translation of the Offspring into Afrikaans with exactly the same melody and song structure. Surely that can't be legal, especially considering he must be making some royalties off somebody else's song (only in Afrikaans)?

Martyr

My friend found this today while looking for a way to copyright his music(worried the other guitarist from his band will steal it when he kicks him out)

www.samro.org.za

it's free and gives all terms and conditions,etc...he is going to phone 'em today and i'll let you know what they say...

Martyr

and also this one

http://www.mio.co.za/article.php?cat=&id=78

Manfred-Klose

Everything discussed about samro is in this thread, enjoy.

http://www.guitarforum.co.za/general-discussion/copyright-with-samro/

Wessel

Is there a place where whe could report Snotkop's plaigirism ? I would really love to be involved in ruining his career ?