How do I copywright material?

Question

As stated in another question, I have taken on managing a local band. How would I go about copyrighting there name as well as their material??

Answer 1

You wouldn't copyright it. 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 a band name within your industry, you would apply for a trademark.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

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.

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only performing in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

This is a little tricky. A work is copywrited upon creation. However, in order for you to gain the benefit of the protection (sue for infringement, obtain an injunction to prevent its use), the work must be registered which requires the usual filling out forms, showing its original, etc. I can't remember all the details. But generally, the law is the same in all states--intellectual property is governed for the most part by federal law.

A name, such as one for a band, would likely be trademarked instread of copywrited.