Legal Question in Intellectual Property in Michigan

Re: logo protection

I can't help but suggest that you back up a step to deal with formalities that (unless you already have legal counsel) are bound to have been neglected and can cause a lot of sour notes in your harmonious relationship. You should realize that, absent some action to form a registered legal entity, your band is a general partnership. This makes the rights to all intellectual property (band name, original songs, music arrangements of those songs, your logo, cover art, etc.) subject to competing legal claims. A formal band operating agreement is a very good idea at this point. You should also consult with a CPA (not just someone calling himself an "accountant") on the best way for your group to be taxed on your (hopefully large) income.

You should routinely file for copyright registration of every song that your group writes. It is cheap and easy, and gives you important legal advantages if you register BEFORE someone infringes on your work. Likewise, any cover art should be registered before you share it with anyone outside your band.

Trademark registration is expensive, so I would recommend against applying for a registration until you start making some real money. Unlike copyright, there are "common law" trademark rights that offer good protection from your first actual use in interstate commerce, so obtaining the extra protections from federal registration can wait. However, you should (if you have not already done so) consult with a lawyer to ensure that "your" trademark has not already been registered by some other group/entity.

Best wishes,\

LDWG

Re: logo protection

you have both copyright and trademark matters. the band name will likely be used as a trademark which is probably owned by all members of the band as partners (unless some other agreement was made)...the same is true for the copyright of the songs and the CD cover...in terms of filing a trademark and/or copyright application this is sometimes done by the band themsevles or sometimes done by the record company...in terms of ownership of the CD cover and songs you are going to want to review the recording contract...the process of filing for copyright and trademark protection is not too expensive or complicated...you can have some do it for you or you can check out the information on the united states trademark office and copyright office website...feel free to call with any further questions, justin lampel 847.845.4345