Can I use the name of a musician whose famous sound I am re-creating as part of a preset name?

[quincy]

Thank you for your time

We all appreciate the thanks, Alma.

Good luck with your sound creations and sound library.

 

[Almalibrestudios]

I want to use a quick analogy as a food for thought.

I walk into a room and see the Monalisa for the first time. I decide I want to try to paint it myself, but I have no idea what colors were used. So, I start to make my own combinations of colors until I come up with colors very similar to the famous painting. I am now very happy with the final painting but decide not to try to sell it. INSTEAD, I put together a color kit of the colors I used to paint the Monalisa that I want to sell as an aide for others who are trying to also paint her. They are my color combinations not Da Vinci's. I could sell those. But then the question would be: Can I NAME those colors with using the Monalisa name in them for example, Monalisa Crimson #56? This is kind of what I am taking about with the music.

 

[Zigner]

I don't think the actual Mona Lisa enjoys any sort of IP protection at this point.

 

[quincy]

I want to use a quick analogy as a food for thought.

I walk into a room and see the Monalisa for the first time. I decide I want to try to paint it myself, but I have no idea what colors were used. So, I start to make my own combinations of colors until I come up with colors very similar to the famous painting. I am now very happy with the final painting but decide not to try to sell it. INSTEAD, I put together a color kit of the colors I use to paint the Monalisa that I want to sell as an aide for others who are trying to also paint her. They are my color combinations not Da Vinci's. I could sell those. But then the question would be: Can I NAME those colors with using the Monalisa name in them for example, Monalisa Crimson #56? This is kind of what I am taking about with the music.

Understood - and previously answered.

As one probably unnecessary note: Mona Lisa is in the public domain and would not create the problems you can have using the name Madonna (the recording artist, not the Virgin Mary).

 

[Almalibrestudios]

Understood - and previously answered.

As one probably unnecessary note: Mona Lisa is in the public domain and would not create the problems you can have using the name Madonna (the recording artist, not the Virgin Mary).

Monalisa was an example. Let's switch it with a painting of Madonna instead.

 

[quincy]

Monalisa was an example. Let's switch it with a painting of Madonna instead.

Let's not.

I think we all understand what needs to be understood at this point.

Use with care, and preferably with permission, the names of real people when identifying your sounds.

 

[Almalibrestudios]

By the way, the answered I got today from an IP attorney is that the name can be used as long as there is an apostrophe after the name but not the actual name and artist of the song. So for example, I can name it "Madonna's Like A Virgin Piano" but not Madonna - Like A Virgin (Piano). This sounds similar to what Quincy described yesterday so thank you.

 

[quincy]

By the way, the answered I got today from an IP attorney is that the name can be used as long as there is an apostrophe after the name but not the actual name and artist of the song. So for example, I can name it "Madonna's Like A Virgin Piano" but not Madonna - Like A Virgin (Piano). This sounds similar to what Quincy described yesterday so thank you.

Good. I am glad you checked it out.