Customers have asked if they can copyright the name of their business. I'm not sure how to answer them.

Copyright law only applies to the expression of an idea in a tangible form. The expression of the idea could be recorded on paper, computer disk, clay tablet, or any other medium. The idea itself is not copyrightable. An example of this would be if you were to draw what you think a hybrid of a dog and bird would look like. The idea itself is not copyrightable, but the drawing of it is.

Copyright law does not apply to business names. However, if you are interested in protecting the name of your business then consider having it registered as a trademark.

A trademark is any company name, logo, brand, or symbol used to distinguish a service or product from its competition. Other identifying features of a business can be protected by what is called "trade dress," which is any arrangement of colors, shapes, etc. that distinguish a business from its competition. An example of "trade dress" is the choice of colors and their arrangement used by Kodak Film.

For more information on trademarks see:

U.S. Patent and Trademark Office is where you can research trademarks in a database, get up-to-date information on current trademark policy and law, and obtain applications for registering a trademark.

For more information on copyrights see:

Copyright Office -- apply for copyright protection, find current information on copyright laws and other helpful information pertaining to copyright.

Copyright and Fair Use -- research copyright law and fair use.

What Resources are Available for Aspiring Musicians?

Music is a popular topic of interest for library patrons. A very common and often difficult reference question to answer is “How do I make it in the music business?” or “How do I copyright my song?”

To start, learn more about the patron’s information need. Do they just want to copyright one song? How familiar is the patron with the music business? After conducting a reference interview, establish the type of resource that will be best for this particular patron.

If a patron wants to know how to copyright their song or is wondering about licensing music; Web sites are usually the best resource as the information is current, and often includes forms and filing procedures.

The United States Copyright Office is very useful for music business questions. Copyright terms are explained and telephone help-line numbers are provided. Copyright forms can be printed from this Web site, filled out, and mailed to the Copyright Office.

If the information need of the patron is more general, such as “How do I make it in the music business?” or “How can I find a record deal?,” a book that gives an overview of music business may be the best option.  Some recommended books include:

• All You Need to Know About the Music Business by Donald S. Passman, a law professor who is a practicing music attorney.
  
  
• This Business of Music: The Definitive Guide to the Music Industry by M. William Krasilovsky, includes a CD-ROM with copyright regulations, forms, and other contracts.

For additional resources and Web sites, check the Music Business subject guide.

How do I know if I can show a movie in a public setting without breaking copyright law?

Copyright law protects the copyright owner’s right “to authorize or prohibit” the public performance of a video recording. A “public performance” is defined as any screening of a film in any format outside of a group of family and friends in a home. Except for a small percentage of titles in the public domain, most videorecordings are protected by copyright law and require permission from the copyright owner to show the film publicly.

As a rule of thumb, you are prohibited from screening any “Hollywood movies” released by major film studios (Disney, Sony, Warner Brothers, etc.) and may have to purchase screening rights – even if you’re a non-profit institution and are not charging admission.

However, some vendors of educational videos sell institutional versions of titles that automatically come with public performance rights.

To see a list of these vendors as well as additional information about public performance rights and film clearance, see the How Do I Find Out if a Movie Has Public Performance Rights? guide.

Need more assistance determining whether or not a movie has public performance rights? Contact the Sights and Sounds Department at the Maryland State Library Resource Center/Enoch Pratt Free Library at (410) 396-4616 or e-mail us at sas@prattlibrary.org.