Do we have any rights

[Lawrence_C]

What is the name of your state? Texas

About 4 years ago a friend of mine started a clique/group called P.A. (Poets Anonymous) it was basically a group of three people 2 years later we decided to get in to music so I thought it would be great to call ourselves the P.A. Boyz for about a year in a half all we were about was having fun talent didnt matter to us but after we had a little success and alot of people like our songs even though they were poorly recorded so we decided we want to start taking this seriously but one of the group members wasnt to talented and me and my other didnt know how to tell him this wasnt for him and when we did tell him he took it the wrong way like we was kicking him out of the friendship we started four years ago its like he confuses the friendship with the music group but a long story short with out telling us he copyrighted the name P.A. and wanted us to sign some papers and told us if we ever use the name we got to ask him for premission and if we didnt he would take half of what we would make I was wondering do we have any rights to that name or there any way around it we call ourselves P.A. Boyz and our lable is called M.O.B.-P.A. Records and one more thing two of us both came out with a solo album a year ago and since we knew nothing of the business we mailed our lyrics and the CD's they were on to ourselves cause some one said that could copyright our stuff and if that was true on the CDs on the credits it had P A Boyz and M.O.B. P.A. Records on it a couple of times one year before he so call copyrighted P.A. so i just want to know is there anything we can do?

 

[hexeliebe]

You need a copyright attorney

to help you in this but I can tell you this much.

Most states regulate the rights and duties of a 'partnership' through state statute and court decisions. For example, here in Tennessee the state statute reads (sic) "...two or more people who are joined in any enterprise for profit."

Although you may not have entered this relationship for profit, if you did sell your tapes and shared in the profits you could very well be judged a partnership and that would give the third person certain rights and obligations.

The Sixth District Court recently explained that it is not the strict statute that rules the decision of if a partnership exists but the actions of the 'partners'. So, if you got together to 'make music' and profit and divided up the profits among the three or more of you you could be a partnership.

It's a double-edged sword however. If you're judged a partnership then the partnership owns the copyrights, not an individual.

Like I said, make sure you check with a copyright attorney before continuing.

 

[JETX]

"is there anything we can do?"
*** Yes, there are lots of things you can do. However, your post is so rambling that it isn't clear what you WANT to do. And at 326 words in ONE sentence, I believe that is a new record for poor grammar on this forum.

Try again. Make it legible.....

 

[Lawrence_C]

ok i'll make it more clear. If he copyrighted P.A. can we use
P A Boyz as our group name and MOB PA Records as our label name?

 

[JETX]

Thanks. That is a lot more understandable.

"If he copyrighted P.A."
*** He didn't. You cannot copyright initials.

"Copyrights and trademarks, which are sometimes confused, provide different forms of protection. Copyright law protects the way authors and artists express facts and ideas (but not the underlying facts and ideas). Unlike copyright law, trademark law protects names, titles, short phrases and other symbols that distinguish the source of one product (or service) from another. Trademarks -- which are a form of commercial shorthand -- are important in a marketing sense because they establish goodwill between a purchaser and seller. A service mark relates to services in the same way a trademark relates to products.

Just about anything that identifies and distinguishes products and services in the marketplace can function as a trademark. A trademark can be a word, symbol, distinctive phrase, design, product shape, combination of letters or numbers, or even a sound or a smell that identifies and distinguishes particular goods from those of others.

Unlike copyrights that exist from the moment of creation, trademarks generally develop over a period of time -- gathering strength through public recognition. While copyrights grow old, die and fall into the public domain, trademark rights can continue indefinitely if there is continuous use, and the mark (shorthand for trademark) is not permitted to lose its trademark significant by becoming a generic term. Even the tests for copyright and trademark infringement differ."
Source: http://copylaw.com/new_articles/trademrk.html

"can we use P A Boyz as our group name and MOB PA Records as our label name?"
*** As long as they are not TRADEMARKED or previously registered in your county/state, you should be able to use them as business (dba, aka) names.

Simply, the fact that the person making the threat clearly does NOT know the difference (between trademark and copyright), should tell you that he is trying to bluff you.

Do NOT sign any agreement with him. Tell him to tell Judge Judy.

 

[HomeGuru]

I thought Judge Judy only handled CA cases?

 

[Lawrence_C]

ok thank you for your help sorry that i wasnt clear before


topic closed

 

[JETX]

Nope. Judge Judy is an equal opportunity law abuser. Most of her decisions are not based in law anyway!! She seems to take great joy in interrupting everyone else (and even berating them), yet she is an idiot when it comes to REAL law. If I remember correctly, she was a family law judge..... which explains her ignorance of civil law.