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Our record label signed an artist to release a record. During the contract period, the artist established his own company (not legally, but there is already an established company by the same name.) So, there is also the possibility of trademark infringement that the label does not want to risk. Now, the artist wants to release the record with his company logo on the front cover (replacing the artist name). The label agrees to promote the artist's name or likeness, but considers an artist's business endeavors as a third party; therefore, requesting the logo to be removed. The artist is arguing that it is and if the record label refuses, it would be a breach of contract. The label does not think it has breached its end of the agreement. What is the best solution or explanation on this situation so there can be an understanding between the artist and the label?

Submitted: 250 days and 17 hours ago.

Category: Intellectual Property Law

Value: $30

Status: CLOSED

Accepted Answer

It is not uncommon to see artist use a logo for themself. The problem you have is that it is not the artist logo (do i need to mention Prince) but the artist company logo. Like you said, this is a problem because it is indeed like having a third party jumping in an already ongoing contract. So, the label have no obligation to include the logo.

That said, it's always good to keep things peaceful and come to an agreement. For an additional and reasonable fee the artist should pay some money for the additional exposure is company will have (a bit like an ad deal).

The big problem seem to come from the logo itself. This bring painful memories of such case as the Apple saga:
http://en.wikipedia.org/wiki/Apple_Corps_v._Apple_Computer
Nobody want to open such a can of worm. At that point, the solution would be to convince the artist to change is company logo to avoid such future problems, making sure he understand it's not only the label that is in such a position but also the artist new company itself.

Similar names are largely tolerated as long as they are not in direct competing field. That said, logo (because they are often showed out of context for advertisement purpose) have much higher chance to end up in litigation.

Accepts:
Expert:	green-owl
Pos. Feedback:	n/a
Answered:	3/18/2009

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