In this episode of The Blackletter Podcast, host Tom Dunlap is joined by Carlos Linares and David Ludwig to dive into the legal side of the music industry: how trademarks and copyrights protect bands, songs, and reputations.
Carlos, both a lawyer and longtime member of the internationally touring band The Pie Tasters, brings real-world experience to the discussion. Together, the group explores the biggest legal challenges musicians, managers, and producers face when it comes to protecting their creative work.
Key topics covered:
- Why registering a trademark for your band name is critical.
- What happens when two bands use the same name (and how streaming complicates disputes).
- The role of Spotify, Apple, and other platforms in resolving trademark conflicts.
- How band breakups impact ownership of a name, songs, and royalties.
- Why operating agreements and songwriting agreements are essential for every band.
- Copyright registration rules after the Fourth Estate Supreme Court case (2019).
- What to know before touring internationally with a US trademark.
- How to prevent costly disputes with written agreements and proactive trademark filings.
Carlos and David leave listeners with one key takeaway: treat your band like a business. Clear agreements and IP registrations save time, money, and relationships in the long run.
🔗 Resources Mentioned in the Episode:
- The Pie Tasters (Carlos’ band)
- Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC (2019)
- Dunlap Bennett & Ludwig – Intellectual Property Services
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