Music Trademarks and Their Protection in Trademark and Copyright Law

Abstract

The changes recently introduced in both European regulations (article 4 of the Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 of the European Union trade mark, article 3 of the Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of Member State relating to trade marks), as well as in Polish national regulations (article 120 of the ustawa – prawo własności przemysłowej of 30 June 2000 Dz. U. no 49 position 508 with changes) make registering a sound trademark not only possible on the base of its graphical representation (musical score or sonogram) but also its recording. On the one hand, it will make registration easier, but on the other, it will significantly change the nature of the subject of registration. Especially, it will concern signs which could be called musical trademarks. Their recording shall be seen as a kind of process in which each step is created by another person: the creator of the work, its performer and finally producer. What is the most important, each of them has his/her own right, i.e. copyright or related right. The article will present the characteristics of musical trademarks, rights to them vested in their “creators” on the basis of Polish law and the relationships between those rights, including some specifics of musical trademark both as a trademark and musical work.