Dear Rich: Nolo’s Patent, Copyright & Trademark Blog

Dear Rich: I have a question. I will be having a political fundraiser for a candidate and I want to play "Blame it On Cain" by Elvis Costello before I introduce the main speaker. About 500 to 1000 people will attend. We're not making any money on the event, just taking donations. Do I need to get permission from anyone? I'm so glad you asked. If the venue at which you are holding your fundraiser has an ASCAP license, then no, you probably don't need to get permission. (An ASCAP license covers public performances of songs by ASCAP-songwriters like Declan Patrick MacManus.) If the venue doesn't have a license, or their license doesn't include your type of event, you'll need to obtain an ASCAP license. (Songwriters who are not affiliated with ASCAP are usually affiliated with BMI.) Of course, if you're hosting a national event, you may want to get the okay from the songwriter to avoid any negative post-fundraiser blowback.

If you do anything other than play the song, you'll need more. For example, if you create a political video using the song, you'll need a sync license. If you use the recorded song as part of an ad campaign, you'll need other permissions, including one from the performers (under a principle known as right of publicity.)  By the way, the fact that your fundraiser is nonprofit or for-profit won't make much difference in terms of your permissions. The Dear Rich staff could go on and on about these rules (we did write the book) but this Slate article says it more succinctly. 

Got a question for Dear Rich? Send it to dearrichquestion@gmail dot com, and make sure it has the header: "Question."

Dear Rich: My band has been using the same name as a reggae band from the 70s. We even got a federal registration to use the name. Can we go after the original band if they continue to use the name and domain name? I'm so glad you asked. That reminds me of a recent case from the state of Washington involving The Wailers -- a regional rock group from Tacoma, who, among other accomplishments, claim to have inspired the Kingsmen to record "Louie Louie" (though others may disagree). The Tacoma Wailers sued The Wailers from Jamaica -- the reggae band that once backed Bob Marley-- for trademark infringement and cybersquatting. Alas, a court ruled there was no cybersquatting because the reggae band acted in good faith to get the domain name. And the the Tacoma band lost its trademark claim on the basis of laches--a legal principle which basically means the band waited too long (or "slept on its rights," in legal parlance).

To learn more about trademark law and its little nuances, check out Trademark: Legal Care for Your Business & Product Name, by Attorney Stephen R. Elias (Nolo).