This document discusses the distinction between copyright and trademarks as they relate to the music industry. Copyright protects artistic works like music, while trademarks serve as identifiers for products/services and prevent consumer confusion. The importance of choosing and registering a strong trademark name for artists is discussed, as it allows the artist's brand value to be leveraged through co-branding deals. Advice is given on selecting a distinctive and unique name that does not infringe on existing trademarks. The trademark registration process and importance of registered vs unregistered marks is also covered.

1. Music TT IP
Valuation
Conference
Artistes &
Branding
Carla Parris
Entertainment &
Sports
Attorney at Law
LLB, LLM

2. Distinction between Copyright
and Trademarks
 There is a tendency among people in the music industry to
refer to “copyright” when they mean exclusive rights about
anything
 Copryight- protects the fixed expression of literary, artistic and
musical works of authorship whereas trademarks serve as
badges of identification that protect goodwill attached to a
particular product or service and safeguard the public from
confusion as to the source of identity of products
 Trademarks- Registration process
 Copryight- No registry

3. Importance of a strong TM
 Choosing and registering a name for an artist or a band can
be a complex and time consuming task
 Within industry stories are numerous regarding inspiration for
new names e.g Bunji Garlin
 In U.S can check with artist unions such as The American
federation of Television and Radio Artists for performers on
radio, TV for information about similar names on its roster

4. Choosing right name
 Check Ascap, BMI, SESAC for prior uses of a name
 When deciding on a name it must be distinctive
enough that property rights accrue –cannot
infringe on other persons rights in names or
trademarks previously used.
 Selection of a musician’s name is an art

5. Using name on birth certificate
 Examples of artistes who have used their
proper names.

6. Unique names v Common
 Unique name- Kees Dieffenthaller “Kees”
 Common name-Ravi add another element
Ravi B to make it more distinct
 George or Keron or Priya- Suggest name
change unless a distinctive element is added
because you not only want to stand out in
your home market but in your target market
overseas

7. Choosing the right name
 Popular names which have considerable
consumer recognition have become
valuable commodities
 Companies wish to enter into co branding
agreements and leverage power of your
name to push/sell goods and services

8. Leveraging brand value

9.  Discussion on the value of a registered
trademark as opposed to an unregistered
mark.

10. What is a trademark?
 A trade mark is a sign capable of
distinguishing the goods or services of one
trader from those of other traders.
 Trademark Act no 8 of 2015

11. TRADEMARKS CONTINUED
 The filing fee is determined by the
number of classes for which the
application is filed.
 That is, each application costs $300.00
for the first class of goods and/or
services and $100.00 for each
additional class included in the same
application.

12. TRADEMARKS CONTINUED
 Registration is not automatic upon the filing of an
application.
 There are several stages in the application process
including a search for prior rights, substantive
examination and the publication of the mark in a
daily newspaper if it is accepted for registration.
 It takes approximately nine to twelve months for a
mark to be registered provided that there are no
objections to the application by the Office or a third
party.

13. Local Trademark registrations
 Number of artists with registered brands
locally?
 Role of talent representation to assist with
this process and the seeking of legal
counsel to advise on such.

14. Marketing survey-
Overseas based agents
Discussion on importance of having a
strong brand & its connection to
attracting international representation
Without a strong sense of identity or
social media presence it becomes
difficult to attract interest