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Reply #90 posted 01/13/09 12:43am

schming

avatar

GaryMF said:


Agreed. This just brought up a question I've always wondered about. If you watch Bands Reunited with Klymaxx they get into who "owns" the name etc.

I just am curious if someone with a legal background could shed light on what it means to "own" a band name.

For example, I am not a lawyer but from what I have read, you copyright a song based on lyrics and melody, not chord progression etc.

So I am just wondering what it means to "own" a name for band.


For clarification:

In the U.S. once a piece of music is recorded or written down "in a fixed medium of expression" (be it on paper or a recording etc.) it automatically has certain copyrights associated with it, granted to the original author. (The author need not take any action to assume those rights)

If for example the song has been recorded, the creator then owns the rights to that "sound recording". But sound recordings have different rights than "songs".

A song (a set of lyrics and/or the music to go with) is also known as a "musical work". Both the musical composition and the lyrics (or each of them seperately) can constitute a "musical work".

-----

Generally speaking, to "own" a band name is to control its use as associated with: you and your band, the same type of 'entertainment' that you and/or your band provide, or in some rare cases, the same type of entertainment provided to a specific geographic area.

Ownership might be proven either by:

A. Registration with the feds
and/or
B. priority of use (with an associated use)

What it means to one person specifically, depends entirely on what type of legal agreement the members of that band have made with each other. Or - what type of contract they might be under with a record company, label or manager. There is not necessarily a predetermined standard by law.

For example, if a band is formed as a corporation or some kind of business entity - the ownership of "the name" might be divided up in some form, typically allowing "the group" to use it "in common" but not in exclusion of anyone else from the group.

On the other hand, if every band member was recruited and hired by one person, but no legal agreement was made in advance on the ownership of a name, it would still be clear who exactly initiated the project to begin with, thereby granting the recruiter ownership rights.

Going by what Wendy/Lisa has said, apparently Prince does 'own' the name in dispute somehow, as far as it relates to them, either by contract or by some other agreement, perhaps even by default.
Visit Bill's Radiator Shop - The best place to take a leak.
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Reply #91 posted 01/13/09 12:59am

schming

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That'll be $1750.00 biggrin I'll send the bill.
Visit Bill's Radiator Shop - The best place to take a leak.
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Reply #92 posted 01/13/09 6:15am

RodeoSchro

Graycap23 said:

ButterscotchPimp said:




(playing devil's advocate)

which would be.....

Not going 2 play that game.


Cool. But if you do know what his reasons are, in your opinion are they good reasons or not?
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Reply #93 posted 01/13/09 6:23am

toots

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schming said:

That'll be $1750.00 biggrin I'll send the bill.

The check is in the mail lol
Smurf theme song-seriously how many fucking "La Las" can u fit into a dam song wall
Proud Wendy and Lisa Fancy Lesbian asskisser thumbs up!
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Reply #94 posted 01/13/09 6:41am

purplecam

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I saw this on the "Family 2.0" thread before I saw this one but I wanted to say this on the issue.

Shame on Prince for doing that. From the outside looking in, he doesn't need to fuck with the name of the band. That's just silly but Prince isn't always the sharpest tool in the shed. rolleyes

With that said, I like the name Family 2.0. It's a fresh start and they should have that with or without the name.
[Edited 1/13/09 7:21am]
I'm not a fan of "old Prince". I'm not a fan of "new Prince". I'm just a fan of Prince. Simple as that
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Reply #95 posted 01/13/09 8:16am

thepope2the9s

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Lets put this into perspective.As far as I'm concerned the only band P put together that has proven anything is The Time.
The Family is not some Legendary Band people.
They had 1 album which was actually a Prince album, he completed it first and then had Paul sing over it.
How many tours do they do? Any more albums?
How much success since then?
They are not in Prince's league by any stretch of the imagination.
P put them together and created their name.
If he don't want them using it, cool. They can go by Family2.0
or whatever.
Stand Up! Everybody, this is your life!
https://www.facebook.com/...pope2the9s follow me on twitter @thepope2the9s
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Reply #96 posted 01/13/09 8:46am

JudasLChrist

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thepope2the9s said:

Lets put this into perspective.As far as I'm concerned the only band P put together that has proven anything is The Time.
The Family is not some Legendary Band people.
They had 1 album which was actually a Prince album, he completed it first and then had Paul sing over it.
How many tours do they do? Any more albums?
How much success since then?
They are not in Prince's league by any stretch of the imagination.
P put them together and created their name.
If he don't want them using it, cool. They can go by Family2.0
or whatever.


I don't think it's cool. I think it's strange and vindictive.
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Reply #97 posted 01/13/09 10:30am

Joyinrepatitio
n

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Th3 Fami1y 21
I think Prince would like that 1 wink
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Reply #98 posted 01/13/09 10:51am

GaryMF

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schming said:

That'll be $1750.00 biggrin I'll send the bill.

Dude, you rock! smile

I should consult with you about my band's name!

In short, the name is "Nothing But Class" (I didn't make it, so no comment there! smile ) but we want to refer to it as "NBC" and our leader is afraid we could get sued by NBC the subsidiary of GE.

Again i'm not a lwayer but we don't compete so I don't think a company can just sue if you're using teh same name but for a didfferent purpose. Even then we'd only use it in addition to our full name (I've called it out during an improtmpu rap over Sugarhill/Chic's GOod times! smile )
rainbow
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Reply #99 posted 01/13/09 11:31am

GirlBrother

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Militant said:

I'd consider the fact that they might not be getting along at the moment if it weren't for Prince mentioning them in his recent LA times interview. In the article it says that Wendy and Lisa were a topic of conversation and the way the article reads at least makes it seem as if he was the one that brought up the topic.


He probably mentioned Wendy & Lisa in relation to (questions surrounding his relationship with) Bria Valente; as examples of women he'd worked with in the past and hadn't fucked. lol
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Reply #100 posted 01/13/09 12:41pm

Zannaloaf

thepope2the9s said:

Lets put this into perspective.As far as I'm concerned the only band P put together that has proven anything is The Time.
The Family is not some Legendary Band people.
They had 1 album which was actually a Prince album, he completed it first and then had Paul sing over it.
How many tours do they do? Any more albums?
How much success since then?
They are not in Prince's league by any stretch of the imagination.
P put them together and created their name.
If he don't want them using it, cool. They can go by Family2.0
or whatever.


not in Princes league? By what measure - past or present work? Skill? Songwriting ability? That's just a dumb statement. Paul can play multiple instruments as well, and could be as well or better than Prince - do YOU know? What I'm hearing from the new song - at least they know WHAT made that stuff work and can bring the flavor along with solid writing chops (you do realize Susannah has written and worked with other high profile artists artists?).
IMO Prince has lost any idea of what made him the original he was, rather than a guy that has got a whole lot of skills and a great back catalogue of music. Not that there's anything WRONG with that wink
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Reply #101 posted 01/13/09 12:47pm

Zannaloaf

kaptainkrunk said:

well prince did own the family they were just members of his band if he dont want them 2 use the name so be it they cant might have something 2 do with warner u never know dont always jump on prince cuz i dont give a hot damn about paul or susanahh if prince started recording i would care but i havent listening or cared about neither of them since they left the prince fold


clearly you don't care about anything that P was/is not involved in... from your posts. So you don't have to keep saying it since we all get that wink
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Reply #102 posted 01/13/09 12:59pm

laurarichardso
n

Zannaloaf said:

thepope2the9s said:

Lets put this into perspective.As far as I'm concerned the only band P put together that has proven anything is The Time.
The Family is not some Legendary Band people.
They had 1 album which was actually a Prince album, he completed it first and then had Paul sing over it.
How many tours do they do? Any more albums?
How much success since then?
They are not in Prince's league by any stretch of the imagination.
P put them together and created their name.
If he don't want them using it, cool. They can go by Family2.0
or whatever.


not in Princes league? By what measure - past or present work? Skill? Songwriting ability? That's just a dumb statement. Paul can play multiple instruments as well, and could be as well or better than Prince - do YOU know? What I'm hearing from the new song - at least they know WHAT made that stuff work and can bring the flavor along with solid writing chops (you do realize Susannah has written and worked with other high profile artists artists?).
IMO Prince has lost any idea of what made him the original he was, rather than a guy that has got a whole lot of skills and a great back catalogue of music. Not that there's anything WRONG with that wink

-----
Does anyone think this has anything to do with ST Paul walking away from the project back in “85”? Let’s be honest he walked away after this CD was out and being promoted. My guess is he left P on the hook for a lot of money and P is saying no to the use of the name for that reason. It really does not matter because if he owns the name the final decision is his to make.
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Reply #103 posted 01/13/09 1:02pm

wonder505

laurarichardson said:

Zannaloaf said:



not in Princes league? By what measure - past or present work? Skill? Songwriting ability? That's just a dumb statement. Paul can play multiple instruments as well, and could be as well or better than Prince - do YOU know? What I'm hearing from the new song - at least they know WHAT made that stuff work and can bring the flavor along with solid writing chops (you do realize Susannah has written and worked with other high profile artists artists?).
IMO Prince has lost any idea of what made him the original he was, rather than a guy that has got a whole lot of skills and a great back catalogue of music. Not that there's anything WRONG with that wink

-----
Does anyone think this has anything to do with ST Paul walking away from the project back in “85”? Let’s be honest he walked away after this CD was out and being promoted. My guess is he left P on the hook for a lot of money and P is saying no to the use of the name for that reason. It really does not matter because if he owns the name the final decision is his to make.


Are you sure? I could've sworn the problem was that The Family was not being promoted properly in the first place.
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Reply #104 posted 01/13/09 4:08pm

ladygirl99

wonder505 said:

laurarichardson said:


-----
Does anyone think this has anything to do with ST Paul walking away from the project back in “85”? Let’s be honest he walked away after this CD was out and being promoted. My guess is he left P on the hook for a lot of money and P is saying no to the use of the name for that reason. It really does not matter because if he owns the name the final decision is his to make.


Are you sure? I could've sworn the problem was that The Family was not being promoted properly in the first place.


Yep Paul did quit the band. His beef was that Prince was doing so many things at once such as he was working on UTCM projects that Prince barely have his time and energy focusing on the band and not properly help promoting them. Prince had tried to get St. Paul to stay but he refused. I still cant believed that P and Paul remained on bad terms after all these years and yet he still contacts some of the bandmembers that he have a fallout at one point or two such as Sheila E, W&L, and others. I wondered did Paul have been trying to reach out to Prince. Paul doesnt seem like the type that he would hold grudge on someone for all these years. Perhaps he did tried to contact Prince but he ignored him or brush him off.
[Edited 1/13/09 16:12pm]
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Reply #105 posted 01/13/09 4:14pm

ladygirl99

GirlBrother said:

Militant said:

I'd consider the fact that they might not be getting along at the moment if it weren't for Prince mentioning them in his recent LA times interview. In the article it says that Wendy and Lisa were a topic of conversation and the way the article reads at least makes it seem as if he was the one that brought up the topic.


He probably mentioned Wendy & Lisa in relation to (questions surrounding his relationship with) Bria Valente; as examples of women he'd worked with in the past and hadn't fucked. lol

I thought I read in that Possessed book that Prince and Lisa have something sexual but ya know nothing to brag your homies about? lol
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Reply #106 posted 01/14/09 7:58am

obsessed

It doesn't bother me what they call themselves, I'm just keeping
my fingers crossed that it doesn't prevent the album from being
released in the end. sad
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Reply #107 posted 01/14/09 8:41am

Ifsixwuz9

avatar

laurarichardson said:

Zannaloaf said:



not in Princes league? By what measure - past or present work? Skill? Songwriting ability? That's just a dumb statement. Paul can play multiple instruments as well, and could be as well or better than Prince - do YOU know? What I'm hearing from the new song - at least they know WHAT made that stuff work and can bring the flavor along with solid writing chops (you do realize Susannah has written and worked with other high profile artists artists?).
IMO Prince has lost any idea of what made him the original he was, rather than a guy that has got a whole lot of skills and a great back catalogue of music. Not that there's anything WRONG with that wink

-----
Does anyone think this has anything to do with ST Paul walking away from the project back in “85”? Let’s be honest he walked away after this CD was out and being promoted. My guess is he left P on the hook for a lot of money and P is saying no to the use of the name for that reason. It really does not matter because if he owns the name the final decision is his to make.


Which is just funny as hell to me. Paul walks out on this Prince project 20 years ago and now wants to record and tour under the name 20 years later with the same members for a new album sans Prince input. Huh?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I'll play it first and tell you what it is later.
-Miles Davis-
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Reply #108 posted 01/14/09 1:42pm

laurarichardso
n

Ifsixwuz9 said:

laurarichardson said:


-----
Does anyone think this has anything to do with ST Paul walking away from the project back in “85”? Let’s be honest he walked away after this CD was out and being promoted. My guess is he left P on the hook for a lot of money and P is saying no to the use of the name for that reason. It really does not matter because if he owns the name the final decision is his to make.


Which is just funny as hell to me. Paul walks out on this Prince project 20 years ago and now wants to record and tour under the name 20 years later with the same members for a new album sans Prince input. Huh?

-----
It is crazy and I am not sure why people on this board do not see how simple St. Paul looks. P created the group and was smart enough to copyright the name. The group has no claim to it and the person that wrecked the whole thing wants to comeback and use the name free and clear. It takes nerve I will give him that much.
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Reply #109 posted 01/14/09 9:24pm

JudasLChrist

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laurarichardson said:

It is crazy and I am not sure why people on this board do not see how simple St. Paul looks. P created the group and was smart enough to copyright the name. The group has no claim to it and the person that wrecked the whole thing wants to comeback and use the name free and clear. It takes nerve I will give him that much.


Well... it's the entire band. It's just a name. It's not even original. Prince needs to take the stick out of his ass.
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Reply #110 posted 01/15/09 7:53am

Ifsixwuz9

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JudasLChrist said:

laurarichardson said:

It is crazy and I am not sure why people on this board do not see how simple St. Paul looks. P created the group and was smart enough to copyright the name. The group has no claim to it and the person that wrecked the whole thing wants to comeback and use the name free and clear. It takes nerve I will give him that much.


Well... it's the entire band. It's just a name. It's not even original. Prince needs to take the stick out of his ass.


Which in a way makes it worse. lol You'd think that one of them would have the common sense to think about using a new name for the band.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I'll play it first and tell you what it is later.
-Miles Davis-
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Reply #111 posted 01/15/09 8:01am

Graycap23

I am amazed at some these uninformed comments.
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Reply #112 posted 01/15/09 11:49am

DexterDayglo

.
If Prince had wanted to be a real dick he would had sent the lawyers round. As it is he had enough regard for Sussanah to call her on the phone to inform her of his stand - something no one in the group thought to do before they embarked on this project. Its called respect. Jeez, i wish Wendy would go away or at least stop stirring it, cant she just let it go?
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Reply #113 posted 01/15/09 12:21pm

laurarichardso
n

JudasLChrist said:

laurarichardson said:

It is crazy and I am not sure why people on this board do not see how simple St. Paul looks. P created the group and was smart enough to copyright the name. The group has no claim to it and the person that wrecked the whole thing wants to comeback and use the name free and clear. It takes nerve I will give him that much.


Well... it's the entire band. It's just a name. It's not even original. Prince needs to take the stick out of his ass.

-----
Gee I did not know you can be accused of having a stick up your ass over something you own. eek
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Reply #114 posted 01/15/09 12:21pm

laurarichardso
n

DexterDayglo said:

.
If Prince had wanted to be a real dick he would had sent the lawyers round. As it is he had enough regard for Sussanah to call her on the phone to inform her of his stand - something no one in the group thought to do before they embarked on this project. Its called respect. Jeez, i wish Wendy would go away or at least stop stirring it, cant she just let it go?

----
Co-Sign They are lucky he is not making this a legal issue.
[Edited 1/15/09 12:21pm]
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Reply #115 posted 01/15/09 5:17pm

GaryMF

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laurarichardson said:

DexterDayglo said:

.
If Prince had wanted to be a real dick he would had sent the lawyers round. As it is he had enough regard for Sussanah to call her on the phone to inform her of his stand - something no one in the group thought to do before they embarked on this project. Its called respect. Jeez, i wish Wendy would go away or at least stop stirring it, cant she just let it go?

----
Co-Sign They are lucky he is not making this a legal issue.
[Edited 1/15/09 12:21pm]

Next you're going to defend him for not letting Sheila release the Family Jamm on video or CD? That was a real generous, charitable move.
rainbow
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Reply #116 posted 01/15/09 9:12pm

JudasLChrist

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Oh, the Prince apologists are so boring.
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Reply #117 posted 01/16/09 12:31am

SoulAlive

ladygirl99 said:

Yep Paul did quit the band. His beef was that Prince was doing so many things at once such as he was working on UTCM projects that Prince barely have his time and energy focusing on the band and not properly help promoting them. Prince had tried to get St. Paul to stay but he refused.


Yeah,that was Paul's problem with Prince.He felt that Prince wasn't promoting the Family.Their album was in stores,but there was virtually no promotion at all.Prince was busy with 'Under The Cherry Moon'.He was spreading himself too thin,at this point.The Mazarati project suffered as well,but I think they got a little more promotion and attention than The Family ever got.Prince was pissed when Paul left.He wrote the song "Dream Factory",containing lyrics that are directed at Paul.I also recall there was some kind of lawsuit,but I forgot the details.
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Reply #118 posted 01/16/09 10:09am

laurarichardso
n

JudasLChrist said:

Oh, the Prince apologists are so boring.

-----
Your boring too but we do not hold that against you. Ranting about what P does with his property
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Reply #119 posted 01/16/09 10:11am

laurarichardso
n

GaryMF said:

laurarichardson said:


----
Co-Sign They are lucky he is not making this a legal issue.
[Edited 1/15/09 12:21pm]

Next you're going to defend him for not letting Sheila release the Family Jamm on video or CD? That was a real generous, charitable move.

-----
For all you know he may have donated money to her charity. Considering he has worked with her a few times since then I would think she was okay with his non-direct particpation in project.
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