|Points To Ponder - Three Part Harmony - Music Copyright|
|Patents, Trademarks, and Copyrights in the Music World|
Sheet Music Copyright
Mary had a little lamb." With these words, Thomas Edison started a technological revolution that continues today. The phonograph marked the beginning of the recording industry. He discovered it while doing research on sound waves for several other inventions, built a prototype, and was granted a patent in 1877. He went back to his work on the incandescent lamp until 1885, when he was challenged by Alexander Graham Bell, who was also working on the phonograph, for the "honor of the invention."
Les Paul is responsible for inventing such musical advancements as sound-on-sound, the eight-track recorder, over-dubbing, the electronic reverb effect, and multi-track tape recording. His most famous invention is the solid body electric guitar first produced by Gibson in 1952. It is still being manufactured today. "Once I jammed my mothers phonograph needle right into the top of a guitar and hooked it up. It worked! I had my first electric." - Les Paul
Three kinds of intellectual propertypatents, trademarks, and copyrightswork in harmony to protect the works of innovators and artists who give us listening pleasure.
Buffett opposed Chi-Chis application based on a section of the trademark statute which prohibits registration of a mark that falsely suggests an association with a known person. Buffett alleged that "Margaritaville" was his creation, that the public had come to associate the term with him, and that he had not given his consent to use of the term by others. His evidence included not only his famous song and the sales and publicity it generated, but also news articles referring to him as "Jimmy (Margaritaville) Buffett" and "The Poet of Margaritaville."
Buffett won a summary judgment motion. He Trademark Trial and Appeal Board found that "Margaritaville" had indeed become so closely associated with Mr. Buffett, that customers would believe he was in some way associated with Chi-Chis services, when he was not. After that ruling, Chi-Chis and Buffett negotiated a license permitting Chi-Chis to use Buffetts creation, "Margaritaville."
Who is your favorite composer? Your favorite performer? Are they the same person? Gloria Estefan holds four copyrights for "Cuts Both Ways:" words, music, sound recording, and video! Stevie Wonder wrote and recorded "I Just Called to Say I Love You." Bob Dylan composed and recorded many songs, but other performers also recorded his songs. Joan Baez holds copyrights for new arrangements of Dylan songs such as "You Aint Goin Nowhere," "Drifters Escape," and "I dreamed I Saw St. Augustine," all which appear on Baez sound recording entitled, "Any Day NowSongs of Bob Dylan." Stevie Wonder recorded Dylans "Blowin in the Wind."
Names Sell Products
The names of musical celebrities, particularly those popular with children and/or teenagers, often have served as trademarks for dolls bearing their likenesses. For example: Sonny and Cher - Donny and Marie - Michael Jackson - Gene Simmons (Kiss) - Hammer. Some musical performers have licenses their names to fragrance and cosmetic makers, like Julio Iglesias perfume. Historically, celebrities have been linked with restaurants. Sometimes, the names of musical performers have been used as restaurant names:
The Grammy Awards were first presented in 1958 to honor recording artists, songwriters, producers, and others affiliated with the recording industry. The current version of the Grammy statuette was redesigned in 1990 and is 3-4 times larger than the original award. The shape of the Grammy Award is a registered trademark of the National Academy for Recording Arts and Sciences. Awards are now presented in 92 categories and over 1.5 billion people in over 180 countries see the television broadcast of the awards show.
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