Are artist names copyrighted [Detailed Response]

Last updated : Sept 5, 2022

Can you have the same artist name as someone else?

In the world of actors, for example, no two actors are allowed to have the same name as each other and both belong to SAG (the actors union). That's why Samuel L. Jackson is Samuel L. Jackson, and not Sam Jackson or Samuel Jackson -- those names were taken.

How do I find out if an artist name is taken?

1. Step 1: Visit the Search Trademark Database.
2. Step 2: Scroll down and click the “Trademark Electronic Search System (TESS)” button.
3. Step 3: Select the Basic Word Mark Search option:
4. Step 4: Enter your rap name and press the “Submit Query” button.

How do you know if a name is not copyrighted?

Use the USPTO's free trademark database. You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen.

Can two artists have the same name on Spotify?

What is an artist separation? Often, bands/artists that have the same or similar names get placed under the same Spotify artist profile or an album gets placed under the wrong artist profile. In order to get this corrected, we need to file something called an Artist Separation.

Can you get sued for having the same artist name?

In most states, you can be sued for using someone else's name, likeness, or other personal attributes without permission for an exploitative purpose.

How do I protect my artist name?

To prevent others from using your name for any reason, including merchandise, you should register it as a trademark. Once your name is trademarked, you can file suit against others who are using the name without your permission.

How much does it cost to trademark an artist name?

Basic Trademark Registration Costs The basic cost to register a trademark with the USPTO is $275 per international class.

How do I know if my artist name is trademarked?

To search the USPTO's trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO's Design Search Code Manual.

Can two musicians have the same name?

Two (or more) bands with the same name. But let's face it: with millions of bands online, there's actually a decent chance another active group has exactly the same name as you. And the likelihood two bands with the same name increases if you are managing or working with several artists.

What names are copyrighted?

No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33 "Copyright Protection Not Available for Names, Titles, or Short Phrases".

Are names trademarked?

Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.

Can you trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

Who are the biggest artists not on Spotify?

De La Soul, Garth Brooks and Joanna Newsom are some of the few major artists still missing from Spotify.

What is the oldest song on Spotify?

What is this? The oldest music recording available on Spotify is a French compilation album titled Anthologie De La Chanson Française, which has recordings dating between 1900 and 1920.

Which artists are no longer on Spotify?

Entertainment figures Neil Young, left, Joni Mitchell, Ava DuVernay and India Arie have cut ties with Spotify. Veteran singer-songwriter Neil Young recently urged “other artists and record companies” to “move off the SPOTIFY platform and stop supporting SPOTIFY's deadly misinformation about COVID.”

Can an artist have the same name as a company?

Likely. That artist will probably send you a cease and desist letter that you are infringing on his trademark. Music and fashion are more connected now than ever before so the artist will likely argue that it may cause confusion among his fans that...

Can I use a band name that already taken?

The first step in trademarking your band name is to check to see if your band name is actually taken - and trademarked. Don't skip this. If you try to register a trademark that's already taken, not only do you not get the trademark, but the filing fees will not be refunded.

Has an artist ever sued another artist for copyright infringement?

John Fogerty v. Fogerty used to be part of a band called Creedence Clearwater Revival, or CCR, and wrote the song "Run Through the Jungle." 15 years later, Fogerty was no longer part of the band and he released the song "The Old Man Down the Road." The label for CCR sued him for copyright infringement.

Can I copyright my stage name?

Yes, you can trademark a stage name that you use to promote or sell your products or services. If a stage name is trademarked then it will prevent another individual from performing similar services under the same name.

Should an artist have an LLC?

Should a musician form an LLC? In most cases, the answer is yes; musicians can benefit greatly by forming an LLC. With an LLC, a musician can receive limited liability protections and will also be able to more easily resolve disputes with band members.

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Write a comment

welcome to music move it calm and today we're going to talk about trademarking your artist or band name and the reason it's so important is so other artists and bands can use it in the future especially when you have already started establishing a name for yourself and gaining a huge fan base so it's fairly easy to file a trademark these days the best way you don't you don't even need a lawyer it's best to do with a lawyer you could do with the lawyer but you can do it yourself by going to WWE teo gov and they have an application there that you follow file online it doesn't take long first thing you got to do though is search their database to make sure that some other band or artist is not using that name or even some other company in general is not using that name already because if they are obviously you'll get rejected so now once you do the search if it's all clear you file right online they'll ask you questions of exactly what the name is going to be used for what kind of services is it going to be to sell goods things like that simple questions and then you do the search and it costs around I think around 300 bucks to do it might be a little over but it's not that expensive it takes some time though to get everything back I think it takes around six months after you file to get the approval on all that good stuff so it's best to do it early especially if you're really establishing a fan base you just want to get that name lock down so no one else can use it and like I said it's very simple to do take care of that now uspto.gov it's all right there so can't beat us now for more information on how to release a record including marketing promotion copyright publishing trademark everything visit www.sap.com/learnbi for

Thanks for your comment Terrell Cronoble, have a nice day.
- Armand Mccullon, Staff Member

Thanks for this interesting article

Thanks Donald your participation is very much appreciated
- Armand Mccullon

About the author

Armand Mccullon

I've studied sociology of punishment at Colgate University in Hamilton and I am an expert in social network analysis. I usually feel discontent. My previous job was credit reporter I held this position for 30 years, I love talking about vintage clothing and ironing. Huge fan of Ray Charles I practice rafting and collect hockey cards.