Episode 146: S12E4 Trademarks in the Music Industry: Band Breakups, Copyrights & Touring Abroad

Trademarks in the Music Industry: Band Breakups, Copyrights & Touring Abroad

In this episode of The Blackletter Podcast, host Tom Dunlap is joined by Carlos Linares and David Ludwig to dive into the legal side of the music industry: how trademarks and copyrights protect bands, songs, and reputations.

Carlos, both a lawyer and longtime member of the internationally touring band The Pietasters, brings real-world experience to the discussion. Together, the group explores the biggest legal challenges musicians, managers, and producers face when it comes to protecting their creative work.

Key topics covered:

• Why registering a trademark for your band name is critical.
• What happens when two bands use the same name (and how streaming complicates disputes).
• The role of Spotify, Apple, and other platforms in resolving trademark conflicts.
• How band breakups impact ownership of a name, songs, and royalties.
• Why operating agreements and songwriting agreements are essential for every band.
• Copyright registration rules after the Fourth Estate Supreme Court case (2019).
• What to know before touring internationally with a US trademark.
• How to prevent costly disputes with written agreements and proactive trademark filings.

Carlos and David leave listeners with one key takeaway: treat your band like a business. Clear agreements and IP registrations save time, money, and relationships in the long run.

Resources Mentioned in the Episode:

• • The Pietasters (Carlos’ band)
  • Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC (2019)
  • Dunlap Bennett & Ludwig – Intellectual Property Services

The Blackletter Podcast

The Blackletter Podcast is a podcast for CEOs, Corporate Counsel, & Entrepreneurs. Each episode explores topics regarding business and law. Join host Tom Dunlap as he speaks with special guests and thought leaders across various professional fields. Their discussions during the interview focus around timely information, insights they’ve gained, and lessons they’ve learned through their experiences.

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