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====Protecting the name of a band==== | ====Protecting the name of a band==== | ||
It’s important as a group becomes popular to ensure that another group isn’t using your group name. To properly protect your band name, you need to consider registering it as a '''trademark'''. Other registration methods, such as securing a domain name for a website, will not protect you fully. See our information on trademarks, copyright and other intellectual property, no. 231. | It’s important as a group becomes popular to ensure that another group isn’t using your group name. To properly protect your band name, you need to consider registering it as a '''trademark'''. Other registration methods, such as securing a domain name for a website, will not protect you fully. See our information on [[Patents, Industrial Designs, Trademarks and Copyright (Script 231)|trademarks, copyright and other intellectual property, no. 231]]. | ||
===Protecting a band’s music=== | ===Protecting a band’s music=== | ||
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Since copyrights arise immediately when a song is created, evidence of when a song was created can be critical if you have a copyright dispute. You may also need to show that you (or your band) actually created the song. | Since copyrights arise immediately when a song is created, evidence of when a song was created can be critical if you have a copyright dispute. You may also need to show that you (or your band) actually created the song. | ||
Formally registering the work with the Canadian Intellectual Property Office is one very powerful way to prove you created a song at a certain time. But there are other ways, such as emails and other electronic files. And you don’t have to register. | Formally registering the work with the [http://www.cipo.gc.ca/ Canadian Intellectual Property Office] is one very powerful way to prove you created a song at a certain time. But there are other ways, such as emails and other electronic files. And you don’t ''have'' to register. | ||
If you keep notes, communications (such as email messages) and other material (such as song and lyric versions) relating to the song, those can be valuable evidence in a copyright dispute. There are several inexpensive online storage tools available (check out secure cloud storage). | If you keep notes, communications (such as email messages) and other material (such as song and lyric versions) relating to the song, those can be valuable evidence in a copyright dispute. There are several inexpensive online storage tools available (check out secure cloud storage). | ||
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====Registering a song==== | ====Registering a song==== | ||
If you want to register your song with the CIPO, it does not accept copies of single physical recordings. But the US Copyright Office does. | If you want to register your song with the CIPO, it does not accept copies of single physical recordings. But the [http://www.copyright.gov/ US Copyright Office] does. | ||
Canadian albums that go into general release are registered at the National Library of Canada by the publisher. | Canadian albums that go into general release are registered at the [http://www.collectionscanada.ca/ National Library of Canada] by the publisher. | ||
===Distributing and marketing recordings=== | ===Distributing and marketing recordings=== | ||
After a song is recorded, it has to be distributed (by CD and online). It also has to be marketed. And a band should make appearances to support the recording. | After a song is recorded, it has to be '''distributed''' (by CD and online). It also has to be '''marketed'''. And a band should make appearances to support the recording. | ||
At this stage, a group usually hires a manager and agent, and looks for deals with publishers and record companies. Make sure everyone is clear on their rights and responsibilities, the commission to be paid to the manager and agent, and how long the agreements last. These should be put in writing and ideally reviewed by a lawyer. | At this stage, a group usually hires a manager and agent, and looks for deals with publishers and record companies. Make sure everyone is clear on their rights and responsibilities, the commission to be paid to the manager and agent, and how long the agreements last. These should be put in writing and ideally reviewed by a lawyer. | ||
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===When can I ask for a songwriting credit?=== | ===When can I ask for a songwriting credit?=== | ||
If you work on a piece of music written by others and suggest changes that have a large impact on the music, you may want co-writing credit. You should ask for songwriting credit at the time the music is written. The agreement must be in writing and properly say what you are getting credit for. | If you work on a piece of music written by others and suggest changes that have a large impact on the music, you may want '''co-writing credit'''. You should ask for songwriting credit at the time the music is written. The agreement must be in writing and properly say what you are getting credit for. | ||
===When does a record company get involved?=== | ===When does a record company get involved?=== | ||
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===With more information=== | ===With more information=== | ||
A good resource is Musicians and the Law in Canada by Paul Sanderson. The book is available at most libraries and is published by Carswell. | A good resource is ''[https://store.thomsonreuters.ca/product-detail/musicians-and-the-law-in-canada-4th-edition/ Musicians and the Law in Canada]'' by Paul Sanderson. The book is available at most libraries and is published by Carswell. | ||
Another good book is Confessions of a Record Producer by Moses Avalon. | Another good book is ''[https://www.halleonard.com/product/viewproduct.action?itemid=146064&subsiteid=66 Confessions of a Record Producer]'' by Moses Avalon. | ||
Music BC has many resources for musicians, including seminars, a library and technical help. Initial membership is free. | [http://www.musicbc.org/ Music BC] has many resources for musicians, including seminars, a library and technical help. Initial membership is free. | ||
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[updated March 2018] | [updated March 2018] | ||
'''The above was last reviewed for accuracy by Ronan Reinart | '''The above was last reviewed for legal accuracy by [http://www.bellalliance.ca/people/ronan-reinart Ronan Reinart], Bell Alliance.''' | ||
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