Tag Archives: music business

Trademark Law for Musicians (with Marcella Dominguez) Ep051

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Podcast: Play in new window | Download (Duration: 51:11 — 47.1MB)

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Musicians are often confused about what a trademark is or if they really need to register their trademark.  Marcella Dominguez, a trademark lawyer, joins Aaron Sefchick and Joe McMurray to discuss the benefits and costs of registering a trademark for your band or music business.
As an example, because Metallica trademarked their logo, nobody else can use something that looks or sounds like “Metallica.”  This protects them against impersonators hoping to profit from their success – nobody else can put on a show or event and falsely use the name “Metallica” to bring in an audience, nobody else can perform under the name “Metallica,” potentially playing poorly and damaging the reputation of the band, nobody else can sell “Metallica” merchandise, etc.  Trademarks assert position and show professionalism, they help the consumer to know the difference between the real brand and any competitors or impersonators, and they protect you from anyone trying to infringe on what you’ve built.
Joe asks Marcella for advice regarding his old band, “Albino Rhino,” which struggled to differentiate itself from a Swedish band of the same name.  He had applied for a trademark in the past only to have it denied because it “looked too similar” to the Rhino Records trademark.  Marcella explains how you or a lawyer can draft an argument to appeal the decision by the US Patent and Trademark Office.  She also talks about how US trademark law works outside of US borders.
Marcella, Aaron, and Joe discuss the potential to trademark one’s name.  Then they talk about copyrighting songs, and how to provide proof and evidence that you are the author of your work.
Any good conversation about music legalities should bring up the recent “Blurred Lines vs. Got to Give it Up (Marvin Gaye)” lawsuit, so it was discussed.
Marcella tells Aaron and Joe how much it costs to hire a lawyer to register your trademark and how much it costs to register your trademark by yourself at uspto.gov.  She provides useful advice on things to watch out for if you decide to register your trademark on your own: Make sure your drawing is final and exact, make sure you register under the correct categories (music/entertainment, CD/audio-visual recordings, merchandise, etc.), and check out the trademark information of other registered trademarks in the same realm as yours (i.e. if you are thinking about registering your podcast’s trademark, look up the trademark info for other podcasts’ trademarks to see what categories they are registered under, etc.).
Useful links regarding trademarks:
Find out more about Marcella at:
She also hosts The A.M. Show, a podcast about ambitious and motivated people.
https://podcasts.apple.com/us/podcast/the-a-m-show-with-marcella-dominguez/id1434615083

Carbon Leaf, Touring, Making It Big, Part 2 of 2 (with Barry Privett) Ep046

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Podcast: Play in new window | Download (Duration: 57:50 — 53.2MB)

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As the frontman of Carbon Leaf, Barry Privett has successfully toured and recorded with the same band since 1992, crossing paths with huge names in the music business (Dave Matthews, Blues Traveler, Avett Brothers, and many more).  Over the course of their continuous 27 year career, he has learned many things about music itself, the music business, record labels, touring, and strategies for keeping the peace among band members.  Joe McMurray and Aaron Sefchick enjoy the opportunity to dive deep into the world of one of the music business’ hardest working bands!

In Part 2 of 2, Barry explains how the band adjusts its vibe and setlist depending on the region that they are touring through and the energy of the crowd.  He goes on to talk about the Celtic-inspired phase that the band went through in the early 2010s, their lead guitarist’s multi-instrumentalism, their new bass player and drummer, and how they get together for a week at a time to rehearse and/or write.
Barry tells the guys more about the ancillary duties of different band members and how that keeps their business afloat.  He explains the origins of the name “Carbon Leaf.”  Finally he tells us about the many bands that they have toured and performed with over the years.
Fun facts: In 2002 Carbon Leaf won an American Music Award for their song “The Boxer.”  They featured Katy Perry in their 2006 music video, “Learn to Fly.”  They recorded music for 2009 film Curious George 2. In 2002 their music was featured on national commercials for the Pontiac Vibe.  They have played with/crossed paths with other major acts including Dave Matthews, O.A.R., The Avett Brothers, Sister Hazel, Big Head Todd, Blues Traveler, Jason Mraz, and many others.
CarbonLeaf.com

Carbon Leaf, Touring, Making It Big, Part 1 of 2 (with Barry Privett) Ep045

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Podcast: Play in new window | Download (Duration: 59:46 — 54.9MB)

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As the frontman of Carbon Leaf, Barry Privett has successfully toured and recorded with the same band since 1992, crossing paths with huge names in the music business (Dave Matthews, Blues Traveler, Avett Brothers, and many more).  Over the course of their continuous 27 year career, he has learned many things about music itself, the music business, record labels, touring, and strategies for keeping the peace among band members.  Joe McMurray and Aaron Sefchick enjoy the opportunity to dive deep into the world of one of the music business’s hardest working bands!

In Part 1 of 2, Barry tells the guys about the beginnings of Carbon Leaf, their early influences, and their workman’s approach to the business.  He then tells us about their unique method of songwriting in which band members submit song ideas to him and he writes lyrics and melodies to those ideas. The band has been incredibly professional in their ability to work together, use facilitative language to provide constructive criticism, and come up with seemingly endless song ideas.
Joe and Aaron ask Barry for his back story and learn of his early musical influences and training, including piano, trumpet, guitar, and choir experience.  He tells them about Carbon Leaf’s first gigs playing at college bars near Richmond, Virginia.
Next, the guys talk about touring.  Barry tells them about the vocal strain of performing every night, but how in-ear monitors have helped to reduce that strain.  Carbon Leaf runs their band like a business, cutting out unnecessary costs.  They drive their own tour bus, they each have ancillary duties (social media, recording, etc.), and play a lot of shows.  Barry explains their process for booking tours.
Finally Barry talks about how the changing music market has influenced their recent strategy of foregoing record labels, building their own recording studio, and nurturing their fan base.
Fun facts: Carbon Leaf featured Katy Perry in their 2006 music video, “Learn to Fly.”  They recorded music for 2009 film Curious George 2. In 2002 their music was featured on national commercials for the Pontiac Vibe.  They have played with/crossed paths with major other major acts including Dave Matthews, O.A.R., The Avett Brothers, Sister Hazel, Big Head Todd, Blues Traveler, Jason Mraz, and many others.
CarbonLeaf.com