Managing Artists in Pop Music by Mitch Weiss Perri Gaffney

Author:Mitch Weiss, Perri Gaffney
Format: epub
Publisher: Allworth Press / Skyhorse Publishing, Inc. (Perseus)
Published: 2012-04-07T04:00:00+00:00

TRADEMARKS

The name of your group, your personal name, product names, etc., can be the most valuable single item you own. Entertainment unions like Actors Equity require a name search before you can join to be sure that there is only one person with your name working in the industry. Many performers are shocked to learn that they must change their name in order to work. When Miss America/singer Vanessa Williams first joined various acting unions to work in films, television, and on stage, there was already an actress with that name. Even though she was known worldwide by her given name, she had to add the middle initial “L” in order to continue performing under the Vanessa Williams moniker.

Disney, McDonald's, and many other product names would be worthless if anyone could use them on unofficial products. So it is with the name of an entertainer. Imagine going to the movies to see Denzel Washington and finding out that the actor in the movie was a short, white fifteen-year-old using Denzel's name. You might feel ripped off. A well-publicized name is most times more powerful than the product or person. A CD by an artist like Fantasia or Jennifer Hudson can sell a million copies before anyone hears a note. Musical artists are given roles in movies or television or product endorsement because their name attracts a following that translates into money.

Disney and McDonald's are worldwide entities. How do they protect their name in a world of seven billion people? They have attorneys who do a search among all trademarked names registered with our government and even other governments. You can get a trademark in one category of business at a time or in all categories, but each category will cost you the price of a legal search and then the price of registering your name. This takes time.

The kinds of groups that were “put together” by managers or producers like Backstreet Boys, Village People, Menudo, ‘Nsync and Spice Girls probably had their group's name trademarked by the manager or producer. That means that the group itself does not get to make decisions about the use of the name. However, it may be possible to the group members to trademark Menudo in Australia if the managers failed to do so. Or it might be possible for anyone to register the trademark Spice Girls for the purpose of designing and selling clothing in Southeast Asia if the producers of the girl group only registered the name for entertainment purposes.

Don't try to do a legal search at home! Pay a lawyer. It's worth every penny. Even with Internet access to trademark listings, it cannot hold up in court and there is no assurance that you've checked every list. A lawyer will give you the assurance you need to build and protect your “property”—your good name.

Those just starting out may not find it cost effective to do a search just yet. However note the expensive price George Tabb paid for not registering his punk rocker stage name Furious George.

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