OT: Does anyone know how/where to clear a TM in album title?

[Mark Schmieder]

I think my Doctor Who album is going to be the first to be 100% wrapped up and published after all, as my other albums have a few more passes at final arrangement and overdubs before they are mix-ready.

 

The original intent was to match the 50th anniversary a few years back. The material hasn't changed much in that time, or the sounds, but I am glad I waited anyway as my skill with orchestral MIDI has improved dramatically in that time.

 

Even so, the main holdup is the intimidation factor regarding the lack of knowledge about how to go about clearing the use of a trademark in an album and/or song title. Half of the album is originals, and the other half is covers, but I am confident of how to go about things with Harry Fox etc. when it comes to the covers.

 

I did some research earlier (I may have posted this here already?), and found that some of the characters and concepts in the long-running TV show are trademarked, but others are considered common property, while still others are ambiguous as the spellings are unique (e.g. "Mechonoids", vs. the more generally used term "Mechanoids").

 

I have always wanted the album title itself to be "Under the Influence of Doctor Who".

 

Some of you may have heard an early version of my rendition of the main theme, on the Keyboard Corner 2009 compilation. It has since veered a bit away from synths and gotten longer, but is conceptually still very similar. But that compilation of TV theme covers by forum members was cleared in advance, as it was limited distribution and not for profit.

 

I had originally planned to submit my themes to the show for consideration, then found snippets of more recent music and don't like the new Hollywood-ish zero-dynamics generic direction they have taken, so figure they would not be remotely interested. Yet I don't think this means they would reject permission for derivative work. I simply haven't found answers to this question of song titles and album titles and who to contact; it's not the same as getting permission and paying royalties to cover existing material (although that will be involved as well).

 

The plan is to post to Soundcloud initially, but I don't know if that affects any of the legalities -- probably not, based on what a few people have told me who have already dealt with similar issues when posting to that service.

 

By the way, this album includes two covers (quite different!) of the main theme, and one fo two VERY different interpretations I have done of Chick Corea's Return to Forever masterpiece, "Hymn of the Seventh Galaxy" (the "big band" version is on my jazz album, once that album is ready to mix). I only learned a few years ago that this was a Doctor Who reference; just as Stanley Clarke's "Vulcan Worlds" is a Star Trek reference. Not sure if either of them had to deal with my current trademark issue.

[MathOfInsects]

"The Strange Copyright of Doctor Who"

[Mark Schmieder]

Wow, that's a huge help! I've only skimmed it so far, as I'm cooking dinner, but I already think this is going to save me a lot of time and worries!

 

I can't remember if I posted my earlier research here, on another forum, or just in private emails, but I had previously found some actual trademark websites for some of the stuff, and most of it pointed back to the BBC, which I thought might simplify things (but also lead to bureaucratic paperwork and delays).

 

That the characters and concepts are not centrally and uniformly controlled is bizarre, but thank goodness someone documented it all in one place, and you found and published the result!

 

For anyone who's (no pun intended) curious, here's my track running order:

 

1. Doctor Who (Opening Theme) (Ron Grainger; inspired by Keff McCulloch's arrangement from 1987)

2. Arrival of the Mechonoids (Mark Schmieder)

3. Aridius: The Sagarro Desert (Mark Schmieder)

4. Hymn of the Seventh Galaxy (Chick Corea)

5. Dance of the Time Lords (Mark Schmieder)

6. Davros: Emperor of the Daleks (Mark Schmieder)

7. Tom Baker (The Fourth Doctor) (Philip Oakey/Philip Adrian Wright) -- obscure Human League 45rpm B-side

8. Chase Through Time and Space (Mark Schmieder)

9. The Daleks (Murray Gold)

10. Doctor Who (Closing Theme) (Ron Grainger; inspired by Delia Derbyshire's arrangement from 1967)

 

This has been one of the most fun projects I've ever worked on, and I am certain that more than a few people out there, Doctor Who fans or not, will enjoy it.

[Zalman Stern]

"The Strange Copyright of Doctor Who"

 

Obviously the answer as to why the copyright is so strange is it's a popular joke among time travelers to surreptitiously insert characters into the Dr. Who canon. The way to stake out credit for such is to have ones' ancestor or descendant own the copyright.

 

-Z-

 

[Mark Schmieder]

Good one. I do find it deliciously ironic in many ways.

 

As the BBC has an American arm at this point, I'm hoping there's a phone number I can call, as likely that would result in better and quicker response than an email inquiry would.

 

I was going to include more themes from the actual show, but I didn't like any of the ones I came across. Well, except some that are too short and also not easily extendable. I think the list above is well-balanced though, and it's a bit devious to include the RTF song and the Human League's tribute to Tom Baker (I added The Fourth Doctor part to the title).

[Mark Schmieder]

Based on the number of views, I think I may not have needed to qualify this posting as "off-topic". :-) It seems that I'm not the only person for whom this question has come up, of how to go about clearing the use (whether payment is involved or not; I'm OK with that) of a trademarked term in a song and/or album title.

[Chris Link]

Be sure to let us know when this is available.

 

My kids are huge Doctor Who fans. I'm always looking for Christmas stocking items and this would certainly fit the bill.

[Mark Schmieder]

Cool -- I was so close ten years ago, but then set it aside due to cluelessness about how to proceed. I only returned to it this month, but am rapidly reaching final articulation and dynamics refinements of the orchestral parts that are going to stay in the sampling world, and only need a few live instrument overdubs still (which I can do myself, thankfully).

 

I don't think mixing this material will be as daunting as it is some of my other stuff, but we'll see. I'm FAR better at mastering than I am at mixing. Even though I have a gazillion tools to get the job done. It frustrates me because it's so time-consuming, and that forces me to put composition, arrangement, and normal instrument playing aside for longer than I'd like.

 

I was originally going to aim for one of my other album projects to get released first, such as one that is 100% original material, but the final renditions of certain tracks need a few more passes (and live overdubs to replace MIDI mockups) in too many cases to feel confident I could be ready for a summer release; whereas getting this ten-song Doctor Who tribute out the door this summer seems feasible.