#2351: Opening Act Worries
It's arguable whether or not copyright should work this way. If the case can be made that Shaft stole the Righteous Heretics name from the band, then yes, any money he made profiting on their name would be theirs, and a case could be made to give his copyrights to the band (as a form of payment for damages done).
However, if the case can be made the Heretics abandoned their name (they broke up, well and truly, and weren't planning to use the name again) then the case could be made that Shaft's move was fair game.
It recalls when Prince changed his name to that symbol. I remember a story about another band coming along and taking the name since it had been abandoned. When Prince wanted to start using the name again, he had to wait for the band to break up and abandon it before he could take it back. Whether that story is really true or not, it's become true in the public perception.
Still for our sake the judge would rule with the Band, and Shaft is S.O.L.
However, if the case can be made the Heretics abandoned their name (they broke up, well and truly, and weren't planning to use the name again) then the case could be made that Shaft's move was fair game.
It recalls when Prince changed his name to that symbol. I remember a story about another band coming along and taking the name since it had been abandoned. When Prince wanted to start using the name again, he had to wait for the band to break up and abandon it before he could take it back. Whether that story is really true or not, it's become true in the public perception.
Still for our sake the judge would rule with the Band, and Shaft is S.O.L.
Nangbaby
2015-02-23 10:25:44
I'm not a lawyer, so this is not legal advice or even necessarily correct. From what I can tell, though, this sounds more like a trademark dispute than a copyright dispute.
Shaft made his own music, so technically, he still owns the copyright to those songs. Unless he was sampling the original music, they're completely original works.
However, since he used the name (and logo) of "Righteous Heretics" which is likely trademarked, he clearly infringed on their right of publicity. The amount he would have to pay would probably render him unable to ever perform again.
With the Prince dispute, even without looking it up, sounds like a trademark dispute. I'm guessing Prince didn't renew the trademark, since trademarks do have to be renewed every few years or so to be active. Also, trademarks and copyrights both have to be defended to allow the original applicant/creators to continue to receive the protections.
Jalathas
2015-02-23 13:40:57
So assuming he was dumb enough to copyright the songs under the band's name instead of his own, this is correct. He loses the rights to play the songs thanks to no longer (never) being a part of the band, and would have to pay exorbitant damages as well. This assumes the band is a corporation rather than just a trademarked group, as would be more obvious, but the band acting as a corporation is the only way any of this works out in US law, at least. Maybe Fantasy Romania has a different legal system entirely.
Mike Finkelstein
2015-02-23 14:55:52
That all sounds pretty accurate. Remember, the Music Industry is really strange with the way they do stuff, too, so there's a lot that can go weird when we talk copyrights, music rights, and trademarks insofar as bands are concerned. What is clear is that what Shaft did, one way or another, is illegal in most respects.
When evil spreads across the land, and darkness rises and the monsters roam. When the creatures of the night make beautiful music, and the things that go bump in the night go bump with greater enthusiasm. When the world is in peril and is in need of a hero...
These guys are, sadly, the best the world can hope for. These are the adventures of the heroes of CVRPG. They mean well, they try hard, and occasionally they do the impossible...
They actually do something heroic.
