Resource Author Francisco Rodriguez Higueras
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Trabajar Work From Home is Easy if you know how!
Trabajo Empleo Work From Home is Easy if you know how!
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There is a lot of time and effort that goes into creating a logo that accurately represents your band. As such, it's important to take the proper steps to protect your art so you have some recourse if infringement occurs.
For the most part, band logos can be considered an original and creative form of art - assuming the logo is more than just the name of the band without an artistic element. As such, they can be protected under Copyright Law as a Visual/Artistic work.
Just to ensure this is clear, the artwork for the logo can be protected under copyright law, but not the name of the band itself. This is because copyright law does not protect names, slogans, or catch-phrases. If you were looking to protect against other bands using your actual name vs. the artwork, this would fall under Trade-Mark Law.
In order to protect your band logo under copyright law, all you have to do is put your logo in a tangible form (on paper, on CD, on a hard drive, on the back of a candy wrapper, etc.). Once it's in this fixed form, the creator owns the exclusive rights to produce or reproduce the art.
Although you automatically own the copyright to the logo artwork the moment it is put in a fixed form, it's best to have taken further steps to prove to the courts that the work was originally yours should someone (perhaps another band) steal your logo or a big portion of it
Copyright transfers were greatly clarified by the 1976 revision of the Copyright Act. The courts had muddied the presumption that the transfer of a copy of a work carried with it the presumption that the creative rights were transferred as well. That is now definitively not the case. Section 204 of the 1976 revision fully details the procedure for transferring ownership of a copyrighted work. A copyright holder must sign a written statement of conveyance expressly transferring his or her ownership of the copyright to the recipient. Otherwise, there has been no transfer of the original work to the recipient.
As a side note, do not rely on the ever-popular "Poor Man's Copyright Method" (i.e. sending yourself your work through mail) because it is highly unlikely to hold in a court of law should someone infringe on your logo design.
Regardless of which method you choose to protect your band's logo, remember to register it before you show it to third parties. Good Luck!
