Yes, I meant trademark and obviously not copyright. Two VERY different things. A case of a severe brain-fart on a very busy day!blinddrew wrote:Sorry but this isn't correct, you're mixing up trademark and copyright. They're different things with different purposes and you're conflating the two.
A TM costs £170 for 10 years (just paid) and the OP can check online at the IP office website if the name has been taken.
@HR - sorry for the intemperate language, but in mitigation, the idea that someone may 'borrow' what is in effect someone else's property is not going to get any plaudits fro me.
There has been for quite some time now, online software that automatically traces and identifies samples taken from published music. You can mangle, overlay with your sounds - do what you like, the software finds it (much to my amazement). As this interfaces with Windows Media Player (and no doubt with other portals and software) getting found out and getting 'that' letter is a racing certainty.
As owners of IP are getting less and less tolorant of this kind of thing, a cease-and-desist letter is nowadays unlikely. If it is a minor infraction (e.g. website or minor use on a YouTube channel) the usual course of action is an invoice and prices range from about £500 to a few thousand, depending on whose toes you have trodden. If it is something more serious, after an intiial letter demanding £x or all royalties, litigation is launched.