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David Farrier

๐Ÿ‘ค Speaker
5053 total appearances

Appearances Over Time

Podcast Appearances

Flightless Bird
Dungeons & Dragons

We got a couple of really good responses.

Flightless Bird
Dungeons & Dragons

This anonymous person wrote in, quick 101 on the legal questions you had with the obligatory disclaimer.

Flightless Bird
Dungeons & Dragons

This is not legal advice, just general information.

Flightless Bird
Dungeons & Dragons

There are three different types of IP at play here.

Flightless Bird
Dungeons & Dragons

And this is why tribute bands probably aren't getting sued all the time.

Flightless Bird
Dungeons & Dragons

Number one, rights of publicity.

Flightless Bird
Dungeons & Dragons

These are individual rights and vary state by state without getting into the weeds.

Flightless Bird
Dungeons & Dragons

Elvis tribute artists are a good case study.

Flightless Bird
Dungeons & Dragons

Tennessee has one of the strongest laws and Elvis Presley Enterprises tightly controls who can use Elvis's likeness.

Flightless Bird
Dungeons & Dragons

As you can imagine, individual band members may be less likely to have a claim depending on their applicable state law and their personal level of fame.

Flightless Bird
Dungeons & Dragons

Number two, trademark.

Flightless Bird
Dungeons & Dragons

If a tribute band isn't using the band's trademark at all,

Flightless Bird
Dungeons & Dragons

If they're using them in a way that will not confuse people into thinking they're the real band, it's probably okay.

Flightless Bird
Dungeons & Dragons

That's why tribute bands have weird different names.

Flightless Bird
Dungeons & Dragons

When someone plays a cover song live, the only royalty they owe is the songwriter publishing royalty for publishing performances.

Flightless Bird
Dungeons & Dragons

Usually venues are paying blanket licenses that cover this royalty so the cover tribute bands doesn't have to worry about it.

Flightless Bird
Dungeons & Dragons

So yeah, I thought that was that kind of answer to that question.