Rock band as a trademark: the owners of the right to the name (analysis of the practice on resolution of the problems of coincidence in the intellectual law model "trademark a band name"

Analysis, studying of rock group as trademark. Consideration of rock group in dynamics of internal and external communications with representation in the form of special hyper structure with horizontal and vertical communications in sociocultural space.

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Äàòà äîáàâëåíèÿ 07.04.2019
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We should note that in the history of rock music the dynamics of emergence of bands with absolutely identical names does not have an isolated character. As an example, we can cite two British bands with the name IRON MAIDEN. The discography of the first has only one rare single recorded in hard/progressive rock with elements of psychedelics released in 1970, as well as a retrospective album Maiden Voyage with archived recordings from 1969-1970 with Barry Skeels, Paul Reynolds, Steve Chapman, Trevor Thomas, Steve Drewett, which was released on a CD in 1998. The second IRON MAIDEN is known worldwide - it is one of the leading representatives of NWOBHM - the band released its first LP in 1980, and until now with periodic changes in their cast they actively tour and record studio albums, while Bruce Dickinson - the fourth (the first three were Paul Day, Dennis Wilcock, Paul Di'Anno, and fifth - Blaze Bayley) soloist is referred to as the “classic Maiden vocalist”, and according to various surveys is considered one of the best heavy metal vocalists in the world. From the logic perspective, there is a collision: if both bands are “original” and the names are registered, then members of each band have the right (hypothetically) to use the name IRON MAIDEN. In addition to that, there was also an original band with the name RAINBOW significantly earlier than the date that Ritchie Blackmore created his star project in 1975. In 1968, anAmerican psycho-progressive rock band released their only album After The Storm on the “GNP Crescendo” label, but did not register the name, thus today, the only legally registered RAINBOW is Blackmore's.

Many versions of the groups that emerged after important changes in the original cast try to include one or two key words from the original name into their new name, as if underlining their sacred connection with the source project.

Sometimes the bands just shorten the name, officially or unofficially (example of first - from GRAND FUNK RAILROAD to GRAND FUNK, and second - CREEDENCE CLEARWATER REVIVAL to just CREEDENCE). Overall, in the recording industry management, there is a certain experience of resolving various legal issues related to the band names.

Peculiarities associated with using personal or stage names and pseudonyms in rock music from the position of international intellectual law

In the recording industry an important place belongs to “autonyms” (real name of the performer), and “astronyms” (pseudonym). The name of the band and its variations are often the reason for conflicts between members of the band. The first issue of the “Rolling Stone” [27] was published on November 9, 1967 in San Francisco, practically paving the way for professional rock journalism. But the choice of the name of the publication cannot be considered to be a perfect one, since by then the British group THE ROLLING STONES has already officially existed for four years (having practically reached a global status as a 2nd-tier band). The difference in spelling between the band nameand the magazine was just the letter “S”.

The rights to the name allows individualization of a legal entity or a sole proprietor among other participants of market relations, including distinguishing one subject of recording industry from another, and are a component of their business reputation within the industry. At the same time, it is noteworthy that there are names of producers of record products that are so similar, that they could be easily mistaken with previously registered well-known trademarks or names belonging to other proprietors (for example, “Panasonix” or “Panaslonic” instead of “Panasonic” and similar). In the recording industry it is forbidden to use markings that incorporate translations of original names of recording companies or major labels accompanied by words such as “form”, “type”, “style”, “version”, “mark”, “imitation”, etc. Such legal norm protects the consumers from possible confusion.

In the history of rock music one of the first stage names was used by Richard Starkey, who chose a pseudonym “Ringo Starr”. Performers often choose pseudonyms or stage names for various reasons - many believe that their real names or last names are difficult to pronounce or uneuphoneous (for example, Björk - Björk Guðmundsdóttir, Cher - Cherilyn Sakrisian La Pierre Bono Allman, Joe Lynn Turner - Joseph Arthur Mark Linquito, Ronnie James Dio - Ronald James Padavona, and others). In recent past stage names were also used in cases or it was believed that the name of the performer would signify certain ethnic background that could pose a possible risk of discrimination [28] (Freddie Mercury - Farrokh Bulsara, Bob Dylan - Robert Allen Zimmerman, Leonid Utyosov - Lazar Weiisbein, and others). At times artists use stage name in an attempt to hide their ties to one or another art dynasty.

The real name of a performer (musician, author, etc.), publically known under a pseudonym, in this case is understood as an “autonym” (from Ancient Greek á?ôï-, auto-, "self" and ?íïìá, ónoma, "name"). A special variant of pseudonymsthat mark the name of the performer with some type of typographic or other symbols (combination of several symbols) are the “astronyms” (from Ancient Greek Üóôñï -, astro-, "star" and ?íïìá, ónoma, "name"). In the world of popular music an astronym was used by an American rhythm and blues singer Prince Rogers Nelson, who for the most part of his career performed under the stage name “Prince”, but also used many other pseudonyms, among which especially famous are symbols that don't have a phonetic equivalent, i.e. astronyms.

In the United States and UK there are set rules about use of performer's stage names. One of these rules states that there cannot be two identical names, either actual or stage. In other words, if a McCartney family in Wales decides to name their boy after the great musician “Paul”, he will not be able to use his birth name in show business - he would have to take on a pseudonym, since in show business a second Paul McCartney is legally prohibited. But it is in this particular aspect that there are a large number of issues. For example, in the world of rock music it is widely known that from approximately mid-1980's “Tony Martin” is the stage name of a fairly popular rock vocalist Anthony Philip Harford; but in the history of popular music there was another “Tony Martin” - from the second half of 1930's there was an American performer of “traditional pop music” Alvin Morris who used the same stage name. Even though there was no legal issues between these two subjects, but the problem of coincidence of names of performers and other subjects of music industry still exists, and the algorithms of its resolution often fail.

It is worth accenting attention on the “coincidental band names” - this phenomenon was especially prevalent in little-known music projects of regional level. For example, under the fairly standard for rock music name FIRE there were several bands in many countries throughout time.

The iteration trend did not miss the rock scene of the Western Europe: a number of band names during the 1970's and 1980's were repeated in various countries (East Germany, Hungary, Czechoslovak Socialist Republic, Polish People's Republic, Socialist Federal Republic of Yugoslavia): ABC, ATLANTIS, HOBO, EXPRESS, KEKS, OK BAND, OLYMPIC, PANTA RHEI, TEAM, TURBO, and others (including the Yugoslavian FIRE).

The name of one of the best Czech rock bands OLYMPIC on the music law arena came really close to the name of the American doo-wop quartet THE OLYMPICS, formed in 1957.

In the post-Soviet space there were constant legal disputes with regards to the use of names (brands, trademarks) of popular VIE (“Pesniary”, “Ariel”, “Leysya, Pesnya”, “Cruise”, and others) [29]. All of these facts testify that the “right to tradename” and “right to trademark” in music industry has to be defended in court.

Copyright holders of the band name in the cases of transformation of a rock band

After the collapse of the original band or departure of one (or more) of its notable members, parallel to the one “true version” there can definitely exist another modification of the same collective, but with a number of different components. Sometimes, different versions of the name represented various periods of the band, as if replacing one another. Thus for example, in the history of rock music firmly established their place two post-versions of BACCARA - Mayte Mateo's BACCARA and María Mendiola's BACCARA, two post-versions of T. REX - Mickey Finn's T. REX and Bill Legend's T. REX, two post-versions of BAY CITY ROLLERS - THE ROLLERS and NEW ROLLERS, two post-versions of SANTA ESMERALA - Jimmy Goings & SANTA ESMERALA and THE NEW SANTA ESMERALDA (with Leroy Gómez).

In various post-versions of many rock bands during creation of names derivative of original name, often there is an addition of the word “featuring” and names of the corresponding members (e.g. BARCLAY JAMES HARVEST featuring Les Holroyd, THE ZOMBIES featuring Colin Blunstone & Rod Argent) or the name of the central member is placed in the beginning of the new version of the name and is connected with the base part by the ampersand “…'s & …”.

Moreover, the last version can be used not only in post-versions (for example, ARTHUR BROWN'S KINGDOM COM, etc.), but in certain cases represent the original name of the rock project (for example, RITCHIE BLACKMORE'S RAINBOW, BLACKMORE'S NIGHT, BILL WYMAN'S RHYTHM KINGS, and others). There can also be different combinations involving numbers, in both, original name (e.g. 10 CC, MC5, etc.), and post-versions (e.g. COLOSSEUM II, SLADE II, and others). In addition to the aforementioned categories there are also bands, the names of which consist of only one letter (for example, X - an American punk rock band established in 1977) or just numbers (for example, 999 - a British punk rock band established in 1976), as well as various abbreviations (for example, the aforementioned HOT R. S. - House of the Rising Sun). For instance, after Robin McAuley joined the solo guitarist Michael Schenker (Michael Schenker Group) from 1986 to 1992, the breakdown of the abbreviation of the band name (M. S. G.) has changed to reflect the status of lead vocalist to MCAULEY SCHENKER GROUP, but still retained the same MSG abbreviation. However, after the split, the previous name was fully restored.

In 2010, having suspended his activity in the framework of MSG, Schenker created a new project with elements of a “supergoup” and called it Michael Schenker's THE TEMPLE OF ROCK [30], which was also joined by the former SCORPIONS drummer Herman Rareball, and UFO bassist Pete Way among other famous musicians.

Sometimes the labels add the name of a popular musician in front of the title of a release as a frontman. For example, in 1999 “Zoom Club Records” released a limited amount of CD's of a fairly rare phonographic material titled Riding High (The Unreleased Third Album), which contained the demo versions performed by John Sloman's LONESTAR , recorded between January and August of 1978. But in reality, there was never a band with such name: over the years, the LONE STAR had many popular rock personas(Tony Smith, Kenny Driscoll, Pete Hurley, Dixie Lee, Rick Worsnop), and in addition to that, the recorded materialincluded Paul Chapman, who since 1971played with Gary Moore in the original project SKID ROW, and since 1974 was a permanent guitarist in the hard rock band UFO - after finishing the sessions with the incomplete concept of the album for LONE STAR, and after conclusion of this musical project in December of 1978, Chapman returned to UFO. Nevertheless, in 2002 the aforementioned CD was “re-released” by some bootleg labels - including the one that was known since early 2000's by many collectors of rare CD's, a “pirate” Russian label called G. & P. Substantial Music” (sometimes under the name - “G. & P. Music”, “G. & P. Essential Music”, “G. & P. Music Rare Live Set”, “J SHP”).

Such practice of “renaming after the fact” is flawed, since an original name is retrospectively added to a band name, usually with orientation towards the creative achievements of one of the members; and this is incorrect from the musical perspective (LONE STAR cannot be considered Slowman's band - he was not its founder, main author, producer, etc., and only became widely renowned towards early 1980 as the lead vocalist for URIAH HEEP, taking part in the recording of the album Conquest), nor legal (there was never an original phonographic production with such legal name). A similar case took place in production of the CD of a power rock trio BIG BERTHA with vocalist brothers Dave (solo guitarist) and Denny Ball, as well as little-known at the time drummer Cozy Powell. The CD presents the ultra-rare recording of a live performance of this amazing band in a small Hamburg club, which took place on December 3, 1970. But the title side of the front of the CD said “Cozy Powell's BIG BERTHA”, while on the sides of the back the band was called “BIG BERTHA - Live featuring Cozy Powell”. The interesting fact is that the producing label “Zoom Club Records” in this case used both versions of the names of the post-versions of the original band - “…'s…” and“…featuring…”. Another interesting fact is that the different recording company “Majestic Rock” produced this same material in a “double CD” format, calling it Live In Hamburg. In reality, the rock trio BIG BERTHA (without mentioning the name of Cozy Powell) was officially able to launch only one single “Munich City / Funky Woman” on the “United Artists Records”, re-released a year and a half later by the same label in the 7” format with one track - “Munich City”. The record label “Liberty” in 1970 released a single, which on one side has the studio recording of “Munich City” BIG BERTHA, and on the other - “I Want To Take You Higher” by Ike and Tina Turner. Considering the complete difference in the style of these two tracks, it is difficult to say which potential byers the label management was trying to reach.

Speaking of metamorphoses with the band names, we can state that two years prior to the records with the tracks “Munich City” and “Funky Woman” Ace Kefford created a blues rock band with the original name BIG BERTHA featuring Ace Kefford . It was this group that at the beginning of 1969 became the BIG BERTHA with Powell and the Ball brothers, but without Kefford.However, the names BIG BERTHA featuring Cozy Powell and Cozy Powell's BIG BERTHA were never used and did not officially exist.

For a prolonged period of time there was a legal dispute between the former frontman of QUEENSRŸCHE Geoff Tate and this band, but with the new vocalist, regarding the use of the name QUEENSRŸCHE. One of the possible solutions to this conflict was the signing of an agreement that one of the parties would use the name QUEENSRŸCHE, while the other - OPERATION: MINDCRIME (after the title of the band's best album, which became their hallmark). There were also legal disputes between the labels “Independiente” and “Domino Records” on one side, and the band GUNS N'ROSES on the other, as well as between “EMI” and PINK FLOYD [31]. Over a quarter of a century later Roger Waters admitted wrongfully suing PINK FLOYD. In 1985 in court he stated: “PINK FLOYD no longer exists” - a statement to which there was an objection, explaining that “Pink Floyd” is not just the name of the band, it is a trademark, and has a certain commercial value. Unfounded termination of trademarks goes completely against the English law [32].

The name of a melodic metal project MOB RULES is a complete copy of the title of a BLACK SABBATH album, which can cause certain misunderstanding. Let us briefly explain: BLACK SABBATH'S first album with Ronnie James Dio as the vocalist is called Heaven & Hell (1980) - between 2006 and 2010 there was a partial “reunion” of this reincarnation in form of a new supergroup named after that album - HEAVEN & HELL (this project consisted of musicians who had direct connection to BLACK SABBATH of 1980-1982); BLACK SABBATH'S second album, recorded and released with Dio is called Mob Rules(1981) - but since 1999this name is used by a German power band that has absolutely no connection to BLACK SABBATH. The band LAST IN LINE functions by the same principles; it includes members of the original cast of the solo project DIO (i.e. musicians who took part in the recording of the album The Last In Line, released in 1984 and reaching the status of a “gold record” - Vivian Campbell, Vinny Appice, Jimmy Bain, Claude Schnell, as well as vocalist Andrew Freeman - former member of the bands HURRICANE and LYNCH MOB).Sometimes there is another name of this “spinoff project” which can also simultaneously be considered a supergroup as Vivian Campbell's LAST IN LINE (the musicians in this band - of course with Dio's vocals - recorded second and third LP The Last In Line (1984) and Sacred Heart (1985)), which defined the concept of the project for years to come (the keyboardist Schnell did not take part in the debut album Holy Diver (1983) [33]). In February of 2016, a band with the name LAST IN LINE released the album Heavy Crown (as a matter of fact, the Japanese version became available online several weeks prior to the official release, which presupposes a special legal comment that we will not discuss in this work)…It is worth mentioning that this rather promising project and its only release became the final for the remarkable bassist Jimmy Bain, to the memory of whom this work is dedicated.

“Owner of the album name” and “Owner of the band name” as special categories in the law enforcement experience in protection of intellectual property

Let us note that we should distinguish between the categories “Owner of the band name” and “Owner of the album name”. It would seem that at the time the corresponding BLACK SABBATH members did not register as “Owners of the name of the album Mob Rules”, which is exactly what led to the aforementioned collision. The “Owner” of the name of the band BLACK SABBATH is Tony Iommi (this fact continues to be the subject of litigation, being periodically renewed by Ozzy Osborne). Similar music law situation also happened with one of the titles of an album from back catalogue of BLACK SABBATH. In 2005, Tony Martin formed his own band called HEADLESS CROSS, which was titled after one of the best releases recorded by BLACK SABBATH with Martin as the lead vocalist; In other words, it is a complete copy of the name of the album Headless Cross (1989) and a track with the same name.

The name was later transformed into Tony Martin's HEADLESSCROSS . Besides Martin, there was another former member of BLACK SABBATH 1979-2004 that took part in the new project since 2012 - a keyboardist Geoff Nicholls, as well as Italian guitarist Dario Mollo, founder of the rock project VOODOO HILL with Glenn Hughes, and Swedish bassist Magnus Rosén from the heavy metal band HAMMERFALL. The main priorities of this supergroup (based on the status of the members, this project can certainly be attributed to such category) are concentrated on the conceptual work, but they have not recorded any new material as of yet; even though with two of the three members of the Tony Martin's HEADLESS CROSS - Mollo and Nicholls - Martin periodically records fairly powerful and successful releases under different brands (for example, THE CAGE and others). We should separately note that all of the albums of which Tony was presented as the vocalist of BLACK SABBATH (i.e. periods 1987-1991 and 1993-1197), over the last 15 years were completely taken off the market by the management initiative. In Martin's releases, as one of the best rock singers, we can see a mental reflection of multistage communicational vectors, which travel to post-projectsfrom RAINBOW, BLACK SABBATH, WHITESNAKE, DEEP PURPLE (M3, PHENOMENA, RONDINELLI, EMPIRE, SILVER HORSES, and others), and other (mostly Italo-Balkan) rock organizational schemes (GUINTINI PROJECT, Misha Calvin, and others).

We can cite a number of other examples with regards to “ownership of the band name”: WHITESNAKE - David Coverdale, FOREIGNER - Mick Jones, BOSTON - Tom Scholz, RAINBOW - Ritchie Blackmore, URIAH HEEP - Mick Box (it is worth noting that after Ken Hensley left the URIAH HEEP in 1981, bassist Trevor Bolder proposed changing the original name and stop using the brand URIAH HEEP; nevertheless, the name was kept, but from the second half of the 1980's URIAH HEEP in its musical and creative essence gradually transformed into a project of Mick Box, which is also indirectly confirmed by the complete absence of “solo albums” by the guitarist in almost quarter of a century worth of rock career).

The owners of the name of the melodic rock project PHENOMENA, since 1985 worked on by performers such as Glenn Hughes, John Wetton, Tony Martin, Ray Gillen, and others, are producers Tom Galley and Wilfried Rimensberger. In 2010, the fifth album was released, which due to legal reasons that are kept private, was published under the same name, but with a clarification “From Tom Galley - The Creator of Phenomena”, and in 2012, the name on the sixth release was changed to TOM GALLEY'S PHENOMENA.

There are known cases when the “owners” through various agreements transferred the right of full use of the original name of their brainchild (SENSATIONAL ALEX HARVEY BAND). At times, we can also observe paradoxes. Thus for example, in 2011-2012 the former members of a Dutch band VANDENBERG Bert Heerink, Dick Kemper, Jos Zoomer have filed lawsuit against Adrian Vandenberg - the founder and frontman of this no longer existing project with demands to use his last name in their further musical career as a brand. The ruling was against their demand. Overall however, in the rock industry legal disputes in the area of right to name happens fairly often (QUENNSRŸCHE, RATT, L.A. GUNS, HAWKWIND, THE DOORS, and others), usually resulting in emergence of several groups with similar names. For example, Andy Scott's SWEET, Steve Priest's SWEET, and Brian Connolly's SWEET (the latter still continues to exist, but now as more of a tribute band in memory of late Brian Connolly, who died in 1997). A similar situation took place with the T. REX “reunion” - brainchild of a bright glam rocker of 1970's Marc Bolan, who died in an automobile accident in 1977. In 2008, after the death of Mickey Finn - the co-founder of T. REX (the legal rights to the original name were prior purchased by someone, whose identity is kept private) his family has consented to giving the rights to MICKEY FINN'S T. REX name to the musicians, with whom he was trying to re-createa version of T. REX, stating that “Mickey would want this”.

In legal disputes regarding use of the original name, a major role plays the status of musicians, who stood at the base of one or another band that has over time reached popularity, but with another cast of members. As an example, we can look at the American glam metal band Y&T (short for “Yesterday and Today” - a compilation from THE BEATLES, which according to legend, was playing on the background at the time they were coming up with the name), which began its rock career from the status of a nameless cover band in 1972. The first cast of Y&T did not take any part in authoring the original compositions. But by 1974 based on the pitch from the manager Herbie Herbert and initiative of the leader - guitarist and vocalist Dave Meniketti - the band in a new caststarted recording their own songs, majority of which in the sector of “hard `n' heavy” became hits (“Don't Stop Runnin'”, “She's A Liar”, “Open Fire”, “Mean Streak”,“Summertime Girl”, and others). In this regard, for example, the same Bob Gardner, Wayne Stitzer, and Gary Mendonca, who were there at the beginning of formation of the cover band and correspondingly working with it only during 1972-1973, should doubtfully be considered to be contenders to the use of the name Y&T, which by the mid 1980's was well recognized by the fans as a hard rock brand.

A complex combination can also be seen in the situation with the two SKID ROW bands: the first - an Irish blues rock band, representing a project created by Brush Shiels with participation of Phil Lynott (later the founder of THIN LIZZY) and Gary Moore, which existed from 1967 to 1972; the second - a bright representative of the American version of the “hair glam metal” - created in 1986, and a year after the rights to the name SKID ROW were bought out from Gary Moore. In the musical aspect, the new American SKID ROW, despite the acquired name, did not position themselves as the inheritors of right and continuers of the traditions of the original Irish band.Brandon “Brush” Shiels has expressed displeasure with regards to the final decision on the use of the name SKID ROW. He regrets the fact that this issue was not even discussed with him and he “dislikes the band that stole their name”. In 1999, there was a “reunion” of the American SKID ROW in a new cast (without the first frontman Sebastian Bach), but of course with the same name. Since 2005, Brush Shiels has performed several times with his regrouped Irish band under the name “BRUSH” SHIELS SKID ROW. Two of the original members of the Irish cast Phil Lynott and Gary Moore are no longer alive. Since 2003, there have been talks regarding the use of the name for the production of the unreleased archive recordings of the Irish band.

Sometimes the conflicts are resolved differently. One of the examples is the 1996 case, where by John Sykes' initiative the project THIN LIZZY was regrouped with Scott Gorham, Brian Downey, and Darren Wharton (none of them were part of the original cast, but were part of the last cast before the dissolution of the band and the death of Phil Lynott). The regrouped band received the right to the use of the name THIN LIZZY, and moreover, absolutely all former members of THIN LIZZY got the right to play in the band at any time. But the situation continued to remain controversial, and in order to avoid disapproval of the fans, who did not want to accept THIN LIZZY without Phil Lynott, Scott Gorham made a compromising and a rather correct decision that in the concert performances this brand can continue to be used, but only when performing songs with the heritage and undisputed contribution by Lynott, and all recordings with new material should be released under another name. The original THIN LIZZY drummer Brian Downey did not even want to tour in support of the new album, and was replaced by Jimmy DeGrasso. As a result, on the base of THIN LIZZY, which by 2012 basically transformed into a touring tribute project, Gorham and Warwick along with other musicians formed the BLACK STAR RIDERS, which even though was the successor of THIN LIZZY, did not use the name (“Without Phil there is no Lizzy” [34]), which significantly freed the musicians - being outside the framework of THIN LIZZY gave them more creative freedom, maintaining the foundation of the former sound.

There have been already two quality albums released under the BLACK STAR RIDERS brand; and the second was produced by Nick Raskulinecz, who is known for his work with RUSH. The main author of the songs became the Irishman Ricky Warwick, who practically became the new leader of BLACK STAR RIDERS.

Thus we can speak about existence of a special category of bands that are created by fairly popular musicians within the framework of continuation or renewal of the traditions of a popular rock brand, but due to legal reasons, under a different name.

There was not and most likely cannot be any legal issues in the world of rock between two fairly popular rock bands with similar names - the British No. 3 band THE WHO (formed in 1961 under the name THE DETOURS) and the first star Canadian band THE GUESS WHO (formed in 1962 as Chad Allan & THE EXPRESSIONS). This is due to the fact that the communications of development of this musical projects in the early period did not intersect, and the genesis of the models of these bands was taking place autonomously. The start of the collision with the names was laid by the label “Quality”, which jokingly in 1965 released a debut album of the Canadians THE EXPRESSIONS with the title on the record label: “Guess Who?”, hoping that by using this mystification they would lead the byers to believe that the recording belongs to a fairly popular band that has decided to produce a release incognito. The success of the album led to the fact that the title with a twist became a successful rock brand for years to come.

Final positions and main conclusions

From the presented material we can see that the right to the name of a rock band carries a complexed legally binding character.

The legal culture is a system-forming factor of development of communicational models of a rock band, a certain number of which has formed within the music industry. A rock band is a brand and a trademark, without which the musicians could not gather people at the concert or sell a record with a name nobody knows. After changes in the cast, a rock band as a music business entity continues to function - in some cases under the old original name, while in others - under an altered but recognizable brand, and in some - under a completely new name. Combination of words or symbols that identify the author are: first and last name of the author; last name and middle name of the author; author's initials; author's pseudonym; author's symbol (or combination of symbols), etc., comprise the legal content of the notion “author's name”.

Due to the issues in the legal field, during a disagreement in understanding with regards to the use of the band name, there were often two functioning bands with the same basic name (at times, there were intentional creation of exact copies, and at times, there were the so-called “coincidental band names”).

Analysis of the legal practice in this sector of rock music recording testifies to the fact that in renewal of the professional activity of a band, one of the central places belongs to the realization of the right to name .

The use of a band name is a rather thin and delicate legal culture issue, which even in court in resolved differently, which underlines the existence of fairly complicated standards and corporate precepts in this issue [35].

Áèáëèîãðàôèÿ

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8.Kovan D.V. Avtorskie prava na muzykal'nye proizvedeniya i ikh zashchita po grazhdanskomu pravu Rossiiskoi Federatsii: diss. … kand. yurid. nauk : 12.00.03 / D.V. Kovan. M., 2011. 139 s.

9.Vakhonºva T. Fonogrami yak ob'ºkti prava ³ntelektual'no¿ vlasnost³ / T. Vakhonºva // P³dpriºmstvo, gospodarstvo ³ pravo. 2011. ¹ 11. C. 60-63.

10.Zhil³nkova O.V. Dogovori v sfer³ real³zats³¿ avtors'kikh prav na muzichnii tv³r : [monograf³ya] / O.V. Zhil³nkova. Kh. : ²nformats³ino-pravovii tsentr «Ksilon», 2008. 212 c.

11.Tompson D. «Smoke on the Water»: Istoriya gruppy DEEP PURPLE / Deiv Tompson ; [per. s angl. A. Solominoi i A. Shalyapina]. SPb. : Amfora. TID Amfora, 2009. S. 247

12.Dribushchak V.V. Glenn Hughes. Joe Lynn Turner. Golosa roka / V.V. Dribushchak [istoriya], A.V. Galin [diskografiya, sostavlenie], D.D. Prokhorov [perevod]. M. : Galina E.G ; [pri sodeistvii agentstva «Rock-ExPress»], 2008. S. 20.

13.Pavlov O. Kris Duarte: Blyuz - moya rabota / O. Pavlov // InRock. 2013. ¹ 3. S. 42-43.

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15.Kalashnikova Yu. Mikhal Ielonek (Jelonek): Postradal za metallicheskuyu pravdu / Yu. Kalashnikova // InRock. 2014. ¹ 2. S. 10-11.

16.Morgunova E.A. Avtorskoe pravo: uchebnoe posobie / E.A. Morgunova ; otv. red. V.P. Mozolin. M. : Norma, 2008. 288 s.

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22.Dribushchak V.V. Glenn Hughes. Joe Lynn Turner. Golosa roka / V.V. Dribushchak [istoriya], A.V. Galin [diskografiya, sostavlenie], D.D. Prokhorov [perevod]. M. : Galina E.G ; [pri sodeistvii agentstva «Rock-ExPress»], 2008. S. 103.

23.Barclay S. The Complete & Independent Guide to the Eurovision Song Contest 1956-2015 / Simon Barclay. Publisher: Lulu.com (June 20, 2015). 286 p.

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25.Impaler V. Markus Roiter (STICK MEN, CRIMSON PROJEKCT): Retsept muzykal'nogo supa / V. Impaler, E. Savitskaya // InRock. 2014. ¹ 1. S. 32-35.

26.Manyakhin A. Drugie “Sabbaty” (ili Zabytye melodii dlya “Khammonda-IX”) / A. Manyakhin // InRock. 2015. ¹ 1. S. 16-18.

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32.Rodzher Uoters: Yuridicheskii urok // InRock. 2013. ¹ 5. S. 8.

33.Entsiklopediya khard-roka / A. Burlaka, A. Glebov, A. Sidorov. Seriya: Entsiklopediya «Rock City», Chast' 3. M. : Izd-vo «In Rok», 2001. S. 78.

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35.Sineokii O.V. Korporativnaya kul'tura i pravo korporatsii v kul'ture muzykal'noi zvukozapisi / O.V. Sineokii // Kul'tura i iskusstvo. 2015. ¹ 4. C. 413-421.

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