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Making it in the Music Business: The Business and Legal Guide for Songwriters and Performers by Lee Wilson

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Chapter 7. Naming Names

The wheels of American commerce would grind to a halt without trademarks, since trademarks distinguish the products of one manufacturer from the similar products of another. This is as true for record companies as for toothpaste manufacturers. No one walks into a record store and asks simply to buy “a record.” More so than with most other products, records and tapes and concert tickets are requested and sold by name—the names, that is, of the performers.

In fact, a band’s name (its trademark) is arguably more valuable than its musical ability. Not convinced? Think about it this way: although your musical ability will create the demand for your records and concerts, it’s your name that will guide your fans to your records ...

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