New Music Friday: February 24, 2017

TuneCore Artists are releasing tons of new music every day. Each week we check out the new TuneCore releases and choose a few at random to feature on the blog.

Is your hit next?

Follow THE NEW – a Spotify playlist that’s updated every Friday with new releases from TuneCore Artists – stream it below! 

ojayy wright
So Wá?
Ojayy Wright
World, Pop

hopsin
All Your FaultHopsin

Hip Hop/Rap

roc marciano
Rosebudd’s
Revenge
Roc
Marciano
Hip Hop/Rap

pouya and fat nick
Drop Out of School
Pouya & Fat Nick

Hip Hop/Rap

rebel souljahz
4 The People
Rebel Souljahz

Reggae, Pop

ookay
Stay Forever
Ookay

Dance, Electronic

knoxhamilton
The Heights
Knox Hamilton

Alternative

matthew perryman jones
Land of the Living
Matthew Perryman Jones

Singer/Songwriter, Alternative

ronpope
Bad For Your Health
Ron Pope

Rock, Alternative

glass beach
Glass Beach
Of Verona

Alternative

Joey Pecoraro
Tired Boy
Joey Pecoraro

Electronic, Jazz

“Ahh, It’ll Be Fine!”

[Editors Note: This is a guest blog written by Gabe Anderson, a TuneCore Artist and blogger. Check out his thoughts and perspective on music and the industry over at his site, Gabe The Bass Player!]

 

When you show up and the stage is a weird size or shape: Here’s what most likely happened…

…A few hours earlier when the people were done setting it up, they had a back and forth conversation with each other about whether or not they should make the stage less weird, because they kinda had a feeling it was a little off. But that conversation that ultimately ended with, “…ahh, it’ll be fine.”

But now you’re the one who has to deal with the consequences of “It’ll be fine.”

When the venue decides to use other green room for extra beer storage and cleaning supplies…can’t you just hear that conversation?! Also a conversation that ended with “…ahh, it’ll be fine.”

And now all 3 bands and crews, roughly a bazillion people, have to mash into a room designed for 8.

When the designated merch area is located far far away from the main entrance/exit of the venue…”…the people who want merch will still find the march table…it’ll be fine,” said the person who had to make the decision but was not well informed enough to make a good one.

But you and I both know the location of merchandise at the venue swings merch sales by a million percent.

“It’ll be fine” in so many cases usually means, “This decision works for me right now. I don’t want to work harder to figure out a better solution and I won’t have to personally deal with the consequences, so for me it really will be fine.”

Musicians and artists find themselves on the receiving end of “it’ll be fine” conversations and consequences all the time, especially on the road. And the truth is these little wrinkles in the day can literally make the whole thing crumble in an instant. I know you’ve been there, the rock in your shoe that keeps on stinging.

So per the situations above: after someone has left you with one of these “ahh, it’ll be fine” situations…you’re still the one left with a weird stage, a crammed green room and poorly located merch.

What are you suppose to do with this blatant injustice?

Well the first thing is just that…ARE you going to do anything at all?

Hold on…first things first…take a few minutes and get it out. Vent it. Because you’re right…what on God’s green earth were they thinking doing it that way? You’re right, you could have done a better job and you don’t even run a venue for a living. You’re right, the shouldn’t get to screw up while the consequences get placed upon your shoulders.

Let it out baby, I understand, it’s warranted.

Now then…If all you’re going to DO is complain, take your two minutes of rage and then shut up about it. If you’re not going to DO anything, let it go, make the most of it, move the conversation and your brain onto something else.

If you decide you are going to try and improve the situation, be realistic about the possible outcomes. You know how venue managers are notorious for being a ball of laughs and extremely helpful to artists.

But just to emphasize the idea of being realistic with improving the situations…let’s keep going with the examples from above:

  • You’re probably not going to get them to re-do the stage, it’ll just piss them off if you ask because to them it’s way too much work to pull off in a short amount of time. But you might ask to make more room on stage by putting the amps off stage, or putting the drum kit a little to the left so the keys player can squeeze in back there too as oppose to being up front.
  • You’re probably not going to get them to clear out the beer and cleaning supplies from the other green room. Don’t ask. They just did the awful work of getting all that crap in there. But you could make a deal with the other acts that each band gets the green room to themselves the 30mins before their set time.
  • You can probably move the merch wherever you want as long as YOU are willing to move it and it doesn’t violate fire code or access to the bar.

So I’ll leave you with two things to close:

When you find yourself about to utter the words “Ahh, it’ll be fine…”, remember how much it can put others in a pinch.

When you have to shoulder the consequences of “Ahh, it’ll be fine…”, as quickly as possible, decide whether or not you’re going to DO anything about it. If not, move on. If so, fight to employ a realistic approach on your part.

p.s. This could be fun: In what ways have you been on the receiving end of the “Ahh, it’ll be fine” mentality? Let us know in the comments!

Wednesday Video Diversion: February 22, 2017

DID YOU KNOW that 50 long years ago this week Pink Floyd was working on their debut, The Piper at the Gates of Dawn, at Abbey Road Studios during the same time that the Beatles were wrapping up recording Sgt Pepper’s Lonely Heart Club Band in the same studio? Pretty sweet, if we say so ourselves. But we’re not here just to hook you up with weird random music history. We’re here to hook you up with sweet TuneCore Artist music videos! What else have you got going on during a Wednesday afternoon in February?

 

John 5 and the Creatures, “Now Fear This”

Julie Frost, “Rhythm & Blues”

Anchorlot, “Phoenix”

Ki:Theory, “Stand By Me”

Poppy, “I’m Poppy”

Jor’dan Armstrong, “So Much Luv/Count It”

JMSN, “Power”

JoJo Siwa, “Boomerang”

Rebel SoulJahz, “Ms Beautiful”

Hopsin, “All Your Fault”

A Musician’s Basic Guide to Trademark Law

[Editors Note: This is a guest blog written by Justin M. Jacobson, Esq. Justin is an entertainment and media attorney for The Jacobson Firm, P.C. in New York City. He also runs Label 55 and teaches music business at the Institute of Audio Research.]

 

Continuing from our prior installment where we discussed copyright law and how it relates to the music industry, we should now briefly explore how trademark law is related to the music business.

As they say on Madison Avenue, “it’s all about the name;” and, trademark law provides protection for a particular name for a specific good or service.

Trademark registration grants the owner of a mark the exclusive right to utilize the brand in commerce to differentiate the goods or services provided by that individual or business from those provided by another. A service mark is a mark used in connection with providing a particular service (i.e. live performance services, talent management services). Trademark protection can apply to a particular word, phrase, slogan, logo, design, smell, sound or a combination of these, which are used in relation to specific goods. The general principle behind trademark law is that the mark acts as an identifier to the public of the source of a good or service. It is actually a consumer protection law based on the origin of goods and services.

There are two distinct trademark systems for acquiring rights in a name. There is a “first-to-file” system, which exists in countries such as China and France. This system provides protection to the first entity to file for a registration for a particular name for the good or service listed in the registration. Conversely, the United States follows a “first-to-use” system. This system provides trademark protection to the first entity to file an application and who actually utilizes the mark in commerce for the listed goods or services.

In order to protect a name, a federal or state trademark application should be filed with the appropriate state department or the United States Patent and Trademark Office (“U.S.P.T.O.”). In America, an application can be filed for a mark that is currently in use (an “actual use” application) or for one that the owner intends to use (an “intent-to-use” application). An intent-to-use application is filed prior to the actual use of the mark in commerce in an effort to “reserve” a particular name for a specific good or service. The applicant must then actually use the mark in commerce within six months after a “Notice Of Allowance” is issued by the U.S.P.T.O. or an extension must be filed to keep extending the deadline to file a “Notice of Use” to obtain the registration.

In the United States, a mark can only be registered if it is distinctive and not generic for the goods or services provided. A distinctive mark is one that is capable of distinguishing the goods or services provided by one from those provided by others. A mark can be described as fanciful, arbitrary, suggestive, descriptive or generic. Fanciful marks are those that have no meaning other than acting as an indicator of the source such as “Exxon” for gasoline. An arbitrary mark is one that has no relation to the goods being provided such as “Apple” for computers. A suggestive mark is one that suggests a quality or a particular characteristic of the goods provided such as “Jaguar” for automobiles. A descriptive mark merely describes the goods or services provided without requiring any additional imagination or thought on the part of the consumer.

Generally, a descriptive mark cannot be registered unless it has acquired secondary meaning. This can be demonstrated by providing evidence that the relevant consumer marketplace has come to associate this particular mark with the goods provided with the mark. Additionally, use of a mark in commerce for over five years can create a presumption of secondary meaning that an owner can use to its advantage. Finally, a generic mark is one that is incapable of acting as a trademark as it is a common word or term that identifies the products and services without specifying a particular source for the goods or services.

Since, an artist or band’s name is one of the most important, if not, the most important feature in a musician’s career, proper ownership and prior clearance of a particular name is essential. Generally, one should apply for protection in their artist or band name as soon as possible. While the cost may be perceived as prohibitive, the potential downfall due to a lack of a search or registration could be much more detrimental and costly. Since everything a musician does is based on the name, including associated social media platforms, websites, and merchandise; it is prudent to conduct a trademark screening search prior to establishing and developing these outlets to identify any potential barriers to your name and to determine the availability or lack thereof. This will ensure you are not infringing on someone else’s registered or protected mark.

Needless to say, this is a situation that should clearly be avoided as having to change a band’s name after they have begun utilizing it due to another’s mark will end up destroying the good will and notoriety that the artist has built under that particular brand.

Additionally, if an individual fails to register a band name and just begins utilizing it in a specific area or state, the individual may be later forced to only advertise and utilize that mark only in that particular area or state rather than being able to utilize the mark throughout the nation as a federal registration would permit. For example, a band who operates as “The Owls” in one area of the country may apply for a federal trademark registration if they are in interstate commerce, to protect their band name throughout the country.

It is therefore prudent for an artist or band to ensure their chosen name is “clear” prior to utilizing it in commerce, as even if one artist is bigger and more established than an already registered one, the prior registration typically trumps the non-registered entity and could prevent the artist from utilizing this name.

There are also many other benefits to registering a trademark or service mark, including a presumption of ownership and validity of the mark after the first five (5) years of registration. Second, a registration can be used offensively to prevent others from using confusingly similar marks for the same or similar goods or services as those provided by the owner (dilution). Third, the (R) symbol acts as constructive notice to third parties of the owner’s trademark or service mark rights in the particular mark. Fourth, a registration can provide the owner with exclusive nationwide rights in the mark as of the date of filing the application. Fifth, a registration certificate can also provide priority for international registration of the same name in other countries, which is extremely important to an artist in today’s global music industry.

Finally, a registration is a valuable commodity, permitting the licensing of the mark by third parties, such a record label or other merchandise manufacturer. It also permits the owner with the ability to stop counterfeit or gray market goods bearing the owner’s trademark from entering the United

States. Again, the trademark registration can be owned by the business entity created by the artist that permits the entity to easily enter into licensing agreements to license the inclusion of the name on recordings as well as on any other merchandise. (For more information, review our prior installments about business entities/taxes & loan-out companies.)

A valid trademark registration also facilitates the owner in filing infringement claims with various social media platforms, including Facebook, Twitter, Instagram and Tumblr, to retrieve or block potentially infringing accounts. A band with a valid registration could also potentially file an Anti- cybersquatting claim with ICANN to retrieve an infringing domain name.

Since a trademark protects a specific phrase or name for a particular type of goods, a solo artist or band should be aware of the various possible classes that they can obtain registration for a particular name in. A few of the more relevant classes include registration in Class 009: “Audio and video recordings featuring music and artistic performances,” “Musical sound recordings,” “Compact discs featuring music,” “Downloadable music files,” and “Downloadable MP3 files and MP3 recordings. Protection can also be extended to Class 041, which includes: “Audio recording and production,” “recording, production and post-production services in the field of music,” “Production of sound and music video recordings,” “live performances by a musical group.” Protection should also be considered in Class 025, which includes various types of clothing and apparel such as shirts, pants, hats, ties and bandanas (merchandise).

In addition to providing the required information in the trademark application, the Applicant (person who submits an application) must provide a suitable specimen depicting the mark being used in commerce for the particular listed good(s). For example, if a mark is for “live performances” in Class 041, copies of live performance flyers or advertisements containing the artist’s name would be appropriate specimens.

As we’ve discussed, trademark law is utilized for protecting an individual or business’s name and is an essential component to succeed in entertainment. Therefore, it is essential to ensure that all the aspects related to it are proper or the lack thereof, could lead to some devastating results.

You should always consult an experienced attorney in the field to understand the requirements and available options.

New Music Friday: February 17, 2017

TuneCore Artists are releasing tons of new music every day. Each week we check out the new TuneCore releases and choose a few at random to feature on the blog.

Is your hit next?

Follow THE NEW – a Spotify playlist that’s updated every Friday with new releases from TuneCore Artists – stream it below! 

jennifer paige
Devil’s in the Details
Jennifer Paige

Singer/Songwriter, Pop

anthemlights
Moana Medley
Anthem Lights

Pop

sidibe
Strangers
Sidibe

Pop, R&B/Soul

lydia cole
The Lay of the Land
Lydia Cole

Alternative, Singer/Songwriter

anchorlot
Bridge the Divide
Anchorlot

Rock, Alternative

passenger
A Kindly Reminder
Passenger

Folk, Singer/Songwriter

pouya
Death By Dishonor

Ghostemane, Shakewell, Pouya & Erick The Architect

Hip Hop/Rap

vanessa carlton
Earlier Things Live
Vanessa Carlton

Alternative, Singer/Songwriter

bugzym
Aggy Wid It
Bugzy Malone

Hip Hop/Rap

pacific dub
Take Me Away EP
Pacific Dub

Reggae, Alternative

trecoast
I Can’t Let You Go
Tre Coast

Dance, Electronic

manafest
Stones
Manafest

Rock

jetty rae
Can’t Curse The Free
Jetty Rae

Singer/Songwriter, Alternative

jess and gabriel
Under The Covers
Jess and Gabriel

Singer/Songwriter, Pop

paperwhite
Human Nature
Paperwhite

Electronic, Pop

hearts like lions
If I Never Speak Again
Hearts Like Lions

Rock, Alternative

titus
Are We A Thing?
Titus

Pop, Hip Hop/Rap