The Song Fight Bulletin Board

I got this in my myspace.com inbox today:

the jerky Hell Yeahs wrote:

Dear artists:

It has come to my attention that you have made an unauthorized use of a copyrighted work entitled "The Hell Yeahs" in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in 6/10/01, [and have registered copyright therein]. Your work entitled [The Hell Yeahs] is essentially identical to the Work and clearly used the Work as its basis.
As you neither asked for nor received permission to use the Work as the basis for [The Hell Yeahs] nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by [7/4/06] indicating that you have fully complied with these requirements, I shall take further action against you.

Very truly yours,

The Hell Yeahs

Any suggestions on a new name? We really do want to record again by the way...

I love that a) it took them this long to find out about you, and b) it came through your MySpace account. Really, how hard is it to send a real e-mail?

That said, I have no suggestions for names. Something rock-y.

the Hell Yearrrghs

The Heck Yes'

the hell nos

Lawyer Bait
Sumi
The Copyrights

Not The Hell Yeahs
Fuck You Hell Yeahs
The Dear Artists (as this is who your message was addressed to)

Well, I say fuck 'em.

I'll take this shit all the way to the supreme court (and then declare bankruptcy.)

I await their further action.

'Course, it ain't up to me.

FUCKERS!

(Brian F thinks they just want the myspace url.)

They have a myspace url, it's thehellyeahs, and ours is hellyeahs, so...

Keep the suggestions coming... at least they are making me laugh!

the legally inferiors

the good heavens!

the burning bushes

a drug called america

an honest man

carl hell and the yeahs

i just added them as a friend so i could comment about what assholes they are.

Hell! Yeah!
Yeah? Hell!
The Hell Yeah Yeah Yeahs


If you have a contact detail you feel ok passing out, give the guy who sent the message a fax number or something and suggest he sends a legal document stating the problem and his intentions. I don't think a myspace personal message warning would hold up in court.

If he doesn't try and 'real world' contact, then you know he's full of shit.

The Yell Has!

I would like to second Bjam's observation that the fact that this came through myspace is high-freakin'-larious... and ruther sucks the wind out of their fragrant legalese.

It'd be even more funny if they'd included a "CC Attorney So-n-so" at the bottom of their missive.

Perhaps you should challenge them to a public songduel for the name. Optional challenge -- site intellectual property law precedent in your lyrics.

What? They aren't CHICKEN are they?

OMG! I got one too!

(But my band was much nicer than the mean hell yeahs)

Also posted through myspace:

The Real Anti-M wrote:Subject: Anti-m Name Usage

Hi,

I thought you should know that the name Anti-m has been in use by my band, Anti-m since the mid 1980's. We have had the website anti-m.com for many years, have released 3 albums and working on a 4th, we have a distributor and have soundtracked many surf films and a feature lenth movie. We also have over 10 music videos. It is probably in your best interest to not use the name.

People might get you confused with us and vice versa.

Either way, I am just protecting my interests. I wish you fun and sucess and I really like the photo.

John Wardlaw
Anti-m.com

So, what's the story here? Some sort of industry crack-down on myspace?

--fake anti-m

Wait a second! Did you sample or base a song on one of their's? They can't copyright a band name but there are ways people can protect their bandname, and perhaps you can, too. (but I can't find either of the hell yeahs on myspace, so what's up with that?)

[edit]they do have CDs and reviews on CD Baby, and stuff, but their domain is inactive (though it is registered)[/edit]

Here's a good overview, from this site:

"You cannot copyright a band name. The correct legal protection is a trademark. Within trademark law there is a category called servicemarks. A trademark identifies a product while a servicemark identifies a service. Since a band is in the business of providing entertainment services, a servicemark is the proper tool to protect the name of a band."

make them show you their trademark. or servicemark. otherwise, it's just flatulance.

Hmmm, Is it a coincedence that the bands website is down and suddenly they're going after you?

They're just upset because you're the more notable Hell Yeahs (and the better sounding).

I vote for The Fucking Hell Yeahs.

I ran into a similar problem when I wanted to call my band 'Christpunchers', I was curious (after the fact) and googled the name, and sure as shit, there was a band already called that. I voluntarily changed it to something else, not because the existing band with that name complained (I doubt they knew we were calling ourselves that), but because it's uncool to rip someone else's name off.

I think this boils down to common courtesey. However, considering how much of a dick this person who wrote to you is sounding like, I'd say tell 'em to GFT and bring it on

At least Anti-M got one from someone with some clout. Anti-M is Ronnie Montrose's old band. The Hell Yeahs are just some indie band whose on a record company whose only thing of note is releasing The Hell Yeahs...on CD Baby. And their only member of note is a guy from Dandelion. Montrose- guitar legend. Dandelion- one hit wonder.

First The Hell Yeahs then Anti-M. Who will be next? Will I hear from the other Niveous?

somewhat related note: oh no! oh my! used to be known as the jolly rogers.

perhaps jolly roger will hear from some band that isn't oh no! oh my! saying change it. i'm not sure why they changed from the jolly rogers to the dumb name they chose. i wouldn't be surprised, though, if there were already a thousand jolly rogers.

also, i hope to one day hear from his name is alive so i can tell them that their music is boring.

Next someone will tell me that I didn't make up Doctor Worm. What is this world coming to?