Copyright infringement question

Question

I am a new musician and I had someone produce my music video "Vanowen and Whitsett" on youtube under "Jailhouze Records"... even though i didnt choose the name, low and behold the title "Jailhouse records" already exists... I dont think its a huge record label, the spelling of Jailhouze is of course different and most importantly there was no intention of a Rip Off.... Would "Jailhouze records" be liable for any sort of violation?

Answer 1

The worse that can happen is that they take it offline and send you a warning message. Go for it

Answer 2

they might try, but the first thing they would do would be to request that you 'cease and desist"   excuse spelling!

The spelling is different, as you mentioned, so I dont think you have much to worry about.

Answer 3

1st let me say it is not copyright law but trademark law you are dealing with here. The music is not at issue based on your question the name of record label is. Company names are trademarked along with logos.

Now 1 letter is not enough to be out of trouble Microsoft sued Lindows for trademark violation. However they didn't do so until Lindows was extremely popular, so I don't think you have much to worry about with just 1 video. I would merely insure that all future videos don't violate this trademark again.

Oh and too add the size of the label means nothing except maybe a more willingness to go to court if they thing $$$ can be had. Another reason I suggest insuring all future violations don't occur. The cost to take you to court for 1 violation is too much to worry about in my opinion.

Answer 4

If you're song was copyrighted, you could tell youtube to take it off.

If not, they have every right to do it.

That's what copyrights are for.

Answer 5

I agree with the other posters that, if they think it is a problem, they'll send you a cease and desist letter first.  At that point, you'll have to either fight to keep the name or change to something else.

I disagree with most everyone else who has posted, however, about the spelling.  One letter does NOT automatically make it a different name.  If so, I would open up a MacDonald's and make a fortune or perhaps I could start selling Cocoa-Cola or Pepsie along with Mickie Mouse dolls.

If it went to a judge, he/she would have to decide how similar the two products are and whether or not a typical customer would have difficulty distinguishing between the two.  In your case, the difference between a record label called Jailhouse Records and a record label called Jailhouze Records is not a great enough difference for the average person to tell them apart.  Therefore, if it went to a court, the judge would most likely determine that whoever had the name first would be the owner of the name and the second company would have to give it up.

Answer 6

With a different spelling you're safe.

Answer 7

I doubt it. But check with an attorney on that one!  Though the spelling is different they  sound the same and that could cause some confusion.

Answer 8

Only if "Jailhouse records" feels that you infringed on it's copyright.  They are responsible for defending their own copyright.

Generally, what happens is you would get a letter from their lawyer asking you to cease and desist from using the name.  You then have a choice.  Cease and Desist using the name and it all goes away, or fight for the right to use your spelling.

Answer 9

Well, I just got back from the International copyright Seminar in my country.

Apparently, you could get sued by the real Jailhouse Record, even if it's just one word. Because they can also patented the way the label was mentioned, and Jailhouse and Jailhouze has similar sound.

But, the judge could overule the sue IF your records are not something so serious that would make a direct or indirect competition with the real Jailhouse Records. And since the Jailhouze Records is on youtube, instead sold in public, so, I guess you will be fine.

When you eventually get sued, just make some defending statement that you do NOT make a direct or even indirect competition that would make the Jailhouse Records lost profits.