X Marks the Scot - An on-line community of kilt wearers.

   X Marks Partners - (Go to the Partners Dedicated Forums )
USA Kilts website Celtic Croft website Celtic Corner website Houston Kiltmakers

User Tag List

Results 1 to 10 of 93

Threaded View

  1. #13
    Join Date
    3rd March 15
    Location
    Estonia
    Posts
    471
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Quote Originally Posted by jsrnephdoc View Post
    Aren't there trademark or intellectual property statutes that require album covers to display correctly and identify the ensemble actually performing the music on the recording?
    Short answer is no.

    Trademarks only protect the goods and services they are registered for - so that wouldn't necessarily apply to images, but could cover the ensemble's name if that is a registered trademark (although that is probably unlikely - especially if the name is descriptive or comprised of geographical names).

    Copyright is also unlikely to apply to the ensemble's name but the images will certainly be subject to copyright. Typically the use of such images will be licensed - and it is the photographer or artist who created the image who owns the copyright in it - rather than the subjects of the image. The images uses are most likely from a stock library.

    That said there could be some issues around passing off if the use of the ensemble's name or image is misleading and implies that either the album is their work or that they have endorsed it. This is a common law cause of action, rather than a statutory one. The 'injured' party needs to show that they have sufficient good will in their name or trade dress, that the other party has misrepresented some connection with their business and that this has cause damages to them. This is more likely if their name is misused - rather than an image as the general public are less likely to be able to identify an ensemble from the image alone.

  2. The Following 2 Users say 'Aye' to Tomo For This Useful Post:


Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

» Log in

User Name:

Password:

Not a member yet?
Register Now!
Powered by vBadvanced CMPS v4.2.0