What's the score with record label designs?

I know lots of people use adaptations of them to promote their events and I'm not aware of this ever having been an issue. I'm going to be involved in arranging some club nights for a mini festival next year. Wanted to name one of the nights after a label and use the logo but need to ensure everything is above board as there will be funding from the local authority and various arts groups.

Any advice? If referring to things that have happened in the past, can I ask that evidence other than just anecdotal is offered please.

Cheers team

Paul

Hi Godz,

Yes, copyright and design rights are protected. Having said that, if you're adapting some of "our" old tiny defunct labels then the risk is virtually non-existant. PM me if wanna chat it through.

Cheers

rich

Edited May 31, 201014 yr by Rich Buckley

What's the score with record label designs?

I know lots of people use adaptations of them to promote their events and I'm not aware of this ever having been an issue. I'm going to be involved in arranging some club nights for a mini festival next year. Wanted to name one of the nights after a label and use the logo but need to ensure everything is above board as there will be funding from the local authority and various arts groups.

Any advice? If referring to things that have happened in the past, can I ask that evidence other than just anecdotal is offered please.

Cheers team

Paul

Isn't there a case of Motown suing either a book or website or something for the use of label designs (unaltered, just publishing them even) or maybe it was album art? Sorry for the vague information, maybe someone else can fill in more details if this is a real thing I'm talking about.

Isn't there a case of Motown suing either a book or website or something for the use of label designs (unaltered, just publishing them even) or maybe it was album art? Sorry for the vague information, maybe someone else can fill in more details if this is a real thing I'm talking about.

Motown allegedly stopped the publication of Simon Soussan's book because there were Motown labels on the front cover.

Motown allegedly stopped the publication of Simon Soussan's book because there were Motown labels on the front cover.

Didn't stop the book coming out though Dave.

Didn't stop the book coming out though Dave.

The situation is one of pot luck. There are hundreds of T Shirt, Cards, Bag retailers getting away with it every day. Good luck to them.

Then there are the unlucky ones who get hammered as they appear to be easy targets. We are one of them, Joe Boy were another, for the most trivial of items.

So be careful, even though the chances of being nailed are slim, once the high beam is switched on you, it can all get out of hand very quickly.

Didn't stop the book coming out though Dave.

Officially it did. Although I believe copies did appear at a record fair in the States quite regularly

Thanks for all the replies guys. What's the verdict when there's a sort of pastiche of the label that's not a copy but instantly recognisable nevertheless?

Here's an example

It looks lovely to Soul fans. However if Universal decide to do something you are knackered. It happened to Joe Boy.

As I understand it, one of the greatest considerations for judges in cases of copyright infringement is intent. What was the purpose of the infringement? Was it with a view to making money - and how much? The greater the intent to make money, the greater the likelihood that any decision will go against the infringer.

Another consideration is the degree to which the infringement impacts upon the copyright holder. The bigger the scale of the infringement, the greater the impact is likely to be. Launching a record label called Mootown and using the Motown typeface, or one sufficiently close to it so as to make people think that it is indeed connected to Motown, will just land you in a lot of hot water. More so as the word is trademarked and thus has even more legal protection surrounding it.

Using (as per the image above) the Stax finger click image on an actual, commercial record label would also have the legal forces bearing down on you. It is instantly recognisable as belonging to Stax.

Using such a design on a flyer though, is probably of such insignificance that no one would care. Further, it might be possible to argue that the use of the logo was in fact aiding the Stax name and encouraging sales by promoting awareness of the music among those with a high purchasing intent!

But... usual disclaimers apply: I am not a lawyer and any comment is merely uninformed opinion.

Using (as per the image above) the Stax finger click image on an actual, commercial record label would also have the legal forces bearing down on you. It is instantly recognisable as belonging to Stax.

Using such a design on a flyer though, is probably of such insignificance that no one would care. Further, it might be possible to argue that the use of the logo was in fact aiding the Stax name and encouraging sales by promoting awareness of the music among those with a high purchasing intent!

But... usual disclaimers apply: I am not a lawyer and any comment is merely uninformed opinion.

18 releases on that label though...

Discogs - Stix Label

Possibly they slipped under the radar. Or, as I suggested, they were seen as harmless. You could always point them out to the legal owners of the Stax catalogue and see if they would like to comment...

Possibly they slipped under the radar. Or, as I suggested, they were seen as harmless. You could always point them out to the legal owners of the Stax catalogue and see if they would like to comment...

i think Motown is particularly litigious

i think Motown is particularly litigious

Why dont they sue Stax then for using there fingers first seen on Motown sub "weed" ?

18 releases on that label though...

Discogs - Stix Label

I'd imagine as the label owns none of the music that they're putting out, they're probably not that bothered about the niceties of label design copyright.

Thanks for all the replies guys. What's the verdict when there's a sort of pastiche of the label that's not a copy but instantly recognisable nevertheless?

Here's an example

yeah ! give richie buckley a bell - he knows his onions and that looks well dodgy

Edited June 1, 201014 yr by mossy

yeah ! give richie buckley a bell - he knows his onions and that looks well dodgy

Well it would do would'nt it !, it's a record not an ONION.

Didn't stop the book coming out though Dave.

Someone should have brought out bootleg copies of Soussan's book... The Soul Fox Publishing Co.?

Edited June 4, 201014 yr by mel brat