copyright???

Question

how do i copyright my bands name???
there is another band with the same name but they are not well known... will i get sued if i use the same name???

Answer 1

yes

Answer 2

Agreed that it's trademark protection you are thinking about -- copyright applies to creative expression (like music), while trademark protects someone's right of association to a good or service.

You automatically acquire trademark rights, called common law rights, by using a name/mark in connection with a commercial good or service. Under most US law, this means you have the right to use that mark for that type of good/service in the geographic area in which you've established that mark in commerce.

You can register your mark with the US Government, specifically the US Patent and Trademark Office, which you can do online. There are legal benefits to this, including creating priority rights to the name that you do not possess under common law rights, amongst others. You can search their trademark database and see if someone has registered that name, or a very similar one, for the class of service you provide (entertainment services (Class 41), or goods like t-shirts, posters etc)

It is NOT the case that you can get sued merely for having the same mark/name as another band. If you had it first, definitely not. If you used it after, but didn't know about the first use, then you have a right to use the mark in the geographic area in which you've established it. There are other such cases, as well as certain exceptions for the use of personal and geographic names, etc.

But, if you knew of this other band before, and adopted the same name, just save yourself some trouble and use another. Establishing a unique identity is key to a career in entertainment. Also, the Internet has dramatically changed US trademark law and rights, as use on the Internet can, under some circumstances, create national or global use in commerce for a mark, and can create a prior right throughout the US.

Answer 3

Band names are not protected by copyright law. Try a trademark.
http://www.uspto.gov/
They have a database, look to see if they have the name trademarked.
How to:
http://www.hitme.net/useful/tmfaq.html

Answer 4

You cannot copyright a name -- copyright applies to creative works (songs, lyrics, artwork, stories, etc.)

You can trademark your band's name -- but only against later users -- you cannot prevent pre-existing users from continuing to use the name.