X Marks the Scot - An on-line community of kilt wearers.
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3rd April 25, 01:20 AM
#13
 Originally Posted by jsrnephdoc
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.
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