The "other" Divinorum
It has come to my attention that another music artist has started calling himself Divinorum, and apparently also published a CD ("Lemon Flavored Kiss") using the Divinorum name.
As you can probably imagine, as the musician behind the original Divinorum, I'm not really happy about it. I mean, it's not like it was difficult to find out that there was already a music act called Divinorum. My use of the name Divinorum has been plastered all over the internet since 1998, and all this guy had to do (or even his record company) was to type "Divinorum" into any search engine or even just try www.divinorum.com and it would have taken them to my Divinorum project.
Here are some of the things that make me pretty confident that I have the right to the name Divinorum as it applies to a music group:
- I released the first official Divinorum release already in 1998 on a compilation-CD from Boom! Records
- I released the first Divinorum full-length album as a fully commercial release on DanceStreet Records in 1998
- I have released 3 full-length Divinorum albums and Divinorum has been present on minimum 10 compilation-CDs from various record labels all over the world.
- As 'Divinorum' I was "featured artist of the month" in Keyboard Magazine.
- I've had the site www.divinorum.com since about 1999
- By typing "Divinorum" into any search engine, or into iTunes music store, will take you to my Divinorum CDs.
When you decide to start using an artist name for your music, it's probably a good idea to spend 30 seconds on trying to find out if there is already another artist that's called the same thing. I'm sorry that the "other" Divinorum didn't do this. It could have saved us some of the confusion.
- Bjorn Lynne, aka Divinorum since 1998.
posted by Bjorn Lynne at 10:57 AM
16 Comments:
Aren't you suppose to "copyright" or apply a patent for a name like that went you start using it professionally (or making money off it)? I don't know if there are any legal stipulations to protect artists/writers/actors who go by different names than their real ones when performing or selling a product.
To my understanding, you don't have to file a special piece of paper to protect the rights to use a band name or artist name. Whoever used it first, and had a real official release with that name, has the rights to use it.
Of course, a band in Iceland can't be expected to know that a little pub-band in Brazil uses the same name as them.
But in this case, my previous use of this name was very obvious and highly visible through many past official releases, internet sites etc, so it was an unwise choice of name. Like I said, if the guy (or his record company) had used a few seconds to find out if somebody else was already using the name, they would have found me immediately on CDBaby, iTunes, Google, mp3.com, cnet.com, artistlaunch, dozens of other highly visible places -- or simply at www.divinorum.com
The most interesting thing is that this guy seem to play somewhat similar to your music :)
Btw, Bjorn, what was the etymology of the word "Divinorum"? Does it come from "divine" or somewhat else?
And in Brazil there is an Internet? There can be they do not know about such services, how iTunes, Google? A joke!
I for a long time knew about that project. Has casually found out in archive of a site mp3spy.ru.
I think, they knew about your project, simply wanted to attract attention. We on your side!
Cheers, Pasya
from Russia
It's my understanding that a title or a name can't be copyrighted, but it can be trademarked.
It's a bad idea to use a name that a similar band own the web domain for, though.
It is interesting though that if people try to Google him they might just discover you instead!
-Nel
As for Googling...
Bjorn, is it your miss?
Just kidding ;)
I know that multiple bands have albums with similar names (I bet I have few samples in my collection) but this one is exactly the same :)
Oops! Dammit... Well yes, I will have to admit that I didn't know that there was another album by another artist called "Beneath Another Sky".
NOT that naming your album the same as an album that's already named before is the same thing as using the same artist name as another artist who has already had many official releases with that name...
But I will still consider changing the name of the album now that I know this. Hmm... What's a good alternative album title? "Beneath A Distant Sky"? "Beneath a Different Sky"?
- Bjorn
Taking into account that there's already a track titled "Beneath Another Sky" I don't think that changing the name would make any good. Otherwise my suggestion is just "Another Sky". Simple, short and cute :) Besides, it goes well with the "Beneath Another Sky" track ;)
I wasn't really going for "cute" on this album. :-). but "Another Sky" is a good suggestion and I will consider it along with the rest.
I'm now also considering having the CD duplicated as a "Digipak" CD even though this duplication costs a little more -- to make the CD a little special. All these things I have to decide over the next couple of weeks. The artist is now working hard to finish the cover artwork.
Small update about the other Divinorum: "Lemon" is not the only record.
As I have already mentioned the thing is even more complex as "Divinorum II" performs trance music as well :)
Bjorn, so what does the word "Divinorum" mean? I'm dying from curiosity :)
Latin, I'm a moron... "Divinorum" is just Latin. My bad... My former philosophy teacher could kill me for that :\
Not sure on this one...
If you haven't actually got a trademark for the name "Divinorum", as long as this person isn't trying to pass themselves off as you, I don't think there is a lot you can do about it. Obviously if they are producing similar music to yourself, and clearly trying to benefit from your success, then yes, you probably have a case.
Imagine if you just used your name, and another Bjorn Lynne came along and started creating electronic music too. You can't stop him using his own name!
Very interesting...let us know how you get on!
Anonymous wrote:
>>"Imagine if you just used your name, and another Bjorn Lynne came along and started creating electronic music too. You can't stop him using his own name!"
Using your own actual name (such as Bjorn Lynne) obviously can't be compared to taking on an artist-name that has already been used in 10+ fully commercial releases by an already established artist.
>>"Very interesting...let us know how you get on!"
Well, I won't be taking this further into any kind of legal action or anything like that. I only wanted to point out that it was a bad choice by this artist and his record company.
Bjorn, so what about the "Sky" album? Have you already chosen the final name? :)
I haven't completely decided yet on the title of my new album. It's kind of difficult for me to change it from "Beneath Another Sky", because that's the title I've had in my head for the whole 3+ years I've worked on it!
I'm going away on a 2-weeks holiday and I will try to make up my mind in that time. :-)
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