How Musicians and Artists Can Protect Their Work

Can you really put a price on creative genius? If you’re a musician or artist, you probably have a value in mind when it comes to your work. But what if someone decides to cash in on your intellectual property and not pay you a dime?

There’s no shortage of people who can’t wait to take advantage of musicians and artists in the music business. Although you’re the original creator, you don’t have many enforceable rights unless you protect your work with the right regulatory bodies. Until then, others can use your material, likeness, name, and other elements of your music or brand to make money.

This is where trademarks and copyrights come in.

Understanding Trademarks for Musicians

A trademark protects against someone trying to use your creation for their own financial gain. You can use a trademark to protect phrases, slogans, names, and other identifiable information that points to the source of a service or product. For artists, this means information that identifies them in connection to their music.

Trademarks are vital in preventing unfair competition. For example, two artists or bands using the same name, despite having different styles, might confuse fans when buying concert tickets. But a trademark can prevent this unnecessary confusion from happening.

Musicians and artists have many different trademark types they can use, such as word and design trademarks to protect logos or other identifying marks.

Understanding Music Copyright Law

Copyright protection safeguards original work and intellectual property that qualifies as an intangible asset. You can use it for musical compositions, literary works, art, sheet music, and other creative works of the mind.

Unlike a trademark, you automatically receive common law copyright when you create something. But, to formally gain ownership of a copyright and enforce it in court, you must register it with the U.S. Copyright Office.

Types of Protected Work that Apply to Musicians

Even some experienced musicians don’t always understand how to protect their work. To help break it down, here are the two types of work that apply to musicians when looking at protection:

• Musical Work: This category includes everything that went into the composition, from notes and arrangements to lyrics.
• Sound Recording: This is the final product of recording your musical work in various formats. Since the songwriter or composer doesn’t always create sound recordings, they are licensed and protected differently.

Benefits of Trademarks

Your intellectual property is only one of many revenue streams as an artist or musician. If you look at the famous musicians that hit the charts, you’ll find they’re selling a brand to their audiences.

Trademarks for identifiable elements prevent unwanted parties or collaborators from selling products, services, or merchandise with your brand. It also prevents individuals and companies from cashing in on your band name, logo, lyrics, reputation, and fame.

Trademark Maintenance and Renewal

A registered trademark can last forever if you renew it within the set timeframes. The renewal dates are:

1. Between the fifth and sixth anniversary of the registration (requires evidence of use).
2. Between the ninth and tenth anniversary (requires evidence of use).
3. Every other renewal date will start with the tenth anniversary of the previous renewal.

Benefits of Copyrights

Music copyright requires additional work to get the full protection benefits. For example, composing a song will automatically grant you common law copyright for that song, including the right to reproduce, perform, and license your work.

However, in cases of copyright infringement, you're only entitled to claim damages if you own registered copyrights. Your ability to contest the unlawful use of your composition in a federal court is only available if you become the registered copyright owner on record.

Fortunately, registering a copyright is easier and cheaper than registering a trademark, and your creation will be protected for your life and 70 years after you pass.

Registering a Trademark

You should first do some research before registering a trademark to avoid confusion with similar marks. Online services, such as Trademark USP’s Free Trademark Search, can help you search millions of trademarks that are live or pending in the USPTO database.

There are 45 classes for trademark registration with the USPTO. Picking the correct class isn’t always easy, especially when you want to register multiple trademarks to protect various elements of your brand.

Most importantly, a registered trademark can help prevent unfair competition and give you significantly more protection than unregistered ownership. If you had a registered trademark, you could sue a company using your name, logo, or lyrics, have a higher chance of winning in court, and may even be entitled to a substantial chunk of its profits.

Registering a Copyright

Registering copyrights requires you to submit an application form, a copy of the work, and a filing fee.

A standard copyright registration application will apply to individual sound recordings and musical work. However, the U.S. Copyright Office introduced a new type of application in 2021 called the Group Registration of Works on an Album of Music. This application can simplify the process if:

• You are registering up to 20 sound recordings, musical works, or associated material on an album.
• All the works are yours and you’re the claimant on record for each piece.

Why You Shouldn’t Register Copyright at the Last Minute

While you automatically receive common law copyright when you create something, you can’t bring an infringement lawsuit against someone using your work without registered copyright.

If you don’t register ahead of time, you may even be disqualified from being entitled to attorneys’ fees and statutory damages if you win an infringement case.

Protect Your Hard Work Today

The cost of protecting your work and brand is nothing compared to how much you can lose if you don’t. Don’t let someone else sell merchandise, services, or a lifestyle with your brand. They’d only undercut your value and prevent you from profiting from your hard work.

Registering trademarks and copyrights is crucial for musicians and artists. With Trademark USP, you can benefit from premium industry services, ensure protection, and get guidance moving forward. Don’t hesitate to reach out if you want to learn more about our services, methodology, and other ways to protect your intellectual property.