Writing, recording, playing, and singing music may be much more than your hobby or interest; it may be your livelihood. As such, you may want to do everything in your power to protect your original musical works at a legal level. This is regardless of how influential or popular you think your music is at this point in time. While you may want as many people to listen to and enjoy your music as possible, you may not want them to take advantage of you or take your hard work for granted. With all that being said, please continue reading to learn whether you should get intellectual property (IP) protection as a musician and how an experienced New Jersey copyright lawyer at The Ingber Law Firm can help you obtain this.
As a musician, why do I need IP protection?
As with many other original works, the two main types of intellectual property protections you require for your music are a copyright and a trademark.
Firstly, copyright protection may allow you, the original author or creator, to shield your musical compositions (i.e., lyrics, melodies, and rhythms) and sound recordings from being used, copied, and distributed by external third parties in unauthorized ways. That is, should a third party attempt to sample, cover, or download your music illegally or without your consent, you may take a copyright infringement claim against them. But this is only if you officially register your music with the United States Copyright Office. Of note, you may need to register each of your compositions and sound recordings separately.
Secondly, trademark protection may have to do more with you as a musician than your music itself. This is because, with a successful application with the United States Patent and Trademark Office, you may hinder others from using your name and likeness or even your brand’s logo. Therefore, you may avoid having your fans or followers get confused with what original musical works you are releasing and promoting publicly with that or another party.
Lastly, it may be worth mentioning the popularity of licensing in the music industry. While there are some upsides, licensing your music for another party to use legally may also affect your income and overall control over it. This is to say that you must think carefully when someone approaches you with a licensing agreement proposal.
How can a lawyer help me obtain these protections?
Before you release your musical piece into the world for public consumption, you should hire a skilled New Jersey trademark lawyer. For one, we may work to ensure that you register your work with the right Office. But even before this, we may do our due diligence in ensuring that your work does not accidentally closely resemble something that has already received this registration. And if it comes down to it, we may represent you in a copyright or trademark infringement claim you take against a negligent third party.
So, if you have not done so already, please contact The Ingber Law Firm today.
