The stage name of every artist is extremely important; this serves as a means of identification; this is the name that fans, agents, other artists and sponsors use in identifying you and your music. Your name can serve as a beacon, making people curious and drawn to your music, especially if it is catchy. As such, the name should suit you and your music and not infringe on the right of another.
An artist’s brand name is one of the most valuable assets that’s integral to the artist’s brand. An artist must take legal steps to protect their name and stop third parties from using the name, brand and good reputation to make profit. Emphasis is placed on the benefits of registering and protecting one’s musical works, whilst less is spoken about the advantages and importance of protecting the artist’s name. However, registration and protection of the artist’s name and brand are equally important. A lot of money and effort is invested in building a brand around the artist and his name. It is, therefore, essential to protect that name.
The legal protection afforded by law for the name of an artist is regarded as TRADEMARK; a trademark is a name (words) or a design (logo) intended to distinguish a good or service (your music) from similar goods or services by others in the market (your competition).
In simpler terms, a trademark is a word or symbol that represents a company or product, distinguishing it from others. Trademarks can protect the artist’s name, design, symbol, logo, and even phrases like (E Choke!).
The first step in protecting your name is choosing a name that can be legally protected, one which no one else is using. For trademarks to pass the test of approval, they should be distinct. It will be pointless if after all the effort and money put into building a brand around the artist’s name, the name has to be changed because it belongs to someone else or is similar to an existing mark. It is advisable to check that no one else is using your desired name. A Google search may be a good starting point, but a Trademark Office search is more effective. Carrying this action assists in ensuring that the intended name is available and can be registered by the artist for official use. It is also important to choose a name that you can legally own (even if you do not intend to register it) and not one owned by someone else. This avoids potential infringement claims against you by the owner for using their name and good reputation. An infringement claim may be costly, and you could lose money. The moment you decide to take your career as an artist seriously, you should begin to consider protecting your name. It doesn’t matter if you are not famous or not yet successful. There is no benefit to delaying, so it is better to act fast before losing the name.
BENEFITS OF PROTECTING A STAGE NAME:
The benefits of protecting your name through trademarks are:
Ownership: It gives you legal ownership of the chosen name and assurance as an artist. Ownership comes with certain privileges, including giving or refusing permission to another brand or company to use your name (except their use falls under “fair use”). Ownership also allows you to invest time and effort into developing your brand and not have any issue or fear of losing it.
Licensing:Having a trademark does not only protect your name; it also could be a source of income through licensing. Once your brand is established, you can give people the right to use your name in exchange for paying a licensing fee. It becomes an avenue for an extra stream of income for the artist besides musical works.
Infringement Claims: By registering your name, you can sue others who use your name without your permission and get monetary compensation. The right of ownership also comes with the right to prevent others from using your trademark.
Assignment: A trademark is considered intellectual property and is an asset that can be sold. As such, when you register your trademark, it becomes an asset that belongs to you and can be sold to a third party for a fee. An investor interested in buying the artist’s catalogue, record label, publishing or song writing company would also buy the intellectual property assets owned, including the right to use the name. The value of the trademark will be included in the valuation and fee that the investor will pay.
Right to use the Mark: Owning a trademark also allows you to use the registered trademark symbol. The trademark symbol puts everyone on notice that the name is yours and cannot be used without permission. However, the mark is only available to those who have registered their name at the relevant trademark office. Using this mark without registration may lead to penalties.
For more details on protecting your stage name, send us an Email, Book an appointment with us or send us a message across any of our social media platforms; @ardnas_legal (Instagram, Facebook, Twitter), Ardnas Legal Practitioners (LinkedIn) . Remember, you have nothing to lose by taking steps to protect your name now!!!!