IP Sells… but Who’s Buying?: Trademarks, Napster, and Rock ‘n’ Roll

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“Rock and roll is founded on outrageous people who outrage you – outrage you, not your parents, outrage you – until you go and become outrageous yourself, right? That’s the plan, you know. If there ever was a plan for Motörhead that’s it, you know: outrage your peer group” – Lemmy Kilmister[1]

 

With the recent passing of famous heavy metal singer Ozzy Osbourne (whom his fans affectionately refer to as ‘the Prince of Darkness’), I felt inspired to briefly explore the paradoxical relationship between intellectual property (IP) and rock ‘n’ roll music.

 

Rock, Rules, and Revenue

Intellectual property is not something one would think about when it comes to rock ‘n’ roll, hard rock, or heavy metal. IP is not wild, unpredictable, or loud; it’s paperwork, protection, and the rule of law – everything rock was supposed to break.

And yet, IP is part of a band’s life. Rock may thrive on rebellion and excess, but when it comes to their brand, most famous bands are litigious and buttoned-up (whatever excess they may indulge in behind the curtain).

When the topic of IP in music comes up, one cannot help but think of 2000, when Metallica took the file-sharing platform Napster to court for allowing users to share their songs for free. Metallica’s drummer, Lars Ulrich, even appeared in court carrying a box filled with the names of thousands who had pirated their music. The legal dispute divided Metallica’s fanbase and the music industry at the time, but Metallica (to put it simply and concisely) won their case and by doing so reshaped the music industry[1].

One can also think of when in 2019 Iron Maiden sued the publisher of the upcoming video game Ion Maiden due to a name similarity[2] (the game was later renamed Ion Fury). As a final example, the hard rock band KISS has multiple trademarks[3].

Intellectual property in rock music protects more than just the music. Trademarks and copyrights secure revenue from merchandising, preserve a band’s legacy, and enable licensing for movies, ads, and games. In essence, IP generates financial revenues, letting rock icons thrive long after the last encore of their tour.

 

From Riffs to Rights: A Legal Overview

To understand how some rock bands protect what they create, it helps to give an overview of the two main tools in their legal arsenal: copyright and trademark.

Copyright safeguards the unique expression of an idea as presented in a creative work; most countries nowadays have legislations that make it so the copyright protection arises automatically, by the mere fact the original creative work is created in a way that is tangible, without the need for an additional formal registration of the work.

The moment you create an original artistic creation, copyright protection takes effect. For example, when Metallica composed their songs, those works were instantly protected by copyright law.

Trademarks (for the cases of Iron Maiden and KISS), by contrast, require active steps – specifically, a formal registration process – to gain protection. Interestingly, a creative work that is covered by copyright can also be registered and protected as a trademark.

Litigation, in any case, always requires active involvement from the individual or entity that holds the rights to the intellectual property asset. Whether it’s a lawsuit or a licensing deal, IP rights protection only comes into place when the artist actively asserts these rights.

 

A Paradox

[1] Saavedra, David. “When Metallica Took on Napster: 25 Years of the Trial That Changed the Music Industry Forever.” EL PAÍS English, 19 Apr. 2025, english.elpais.com/culture/2025-04-19/when-metallica-took-on-napster-25-years-of-the-trial-that-changed-the-music-industry-forever.html.

[2] Luke Plunkett. “Iron Maiden Is Suing The Video Game Ion Maiden.” Kotaku.com, 29 May 2019, kotaku.com/iron-maiden-is-suing-the-game-ion-maiden-1835110947. Accessed 16 Oct. 2025.

[3] Pawlin, Jason. “How IP Helped Create the Ultimate Rock ‘N’ Roll Brand.” Intellectual Property Office blog, 29 Jan. 2018, ipo.blog.gov.uk/2018/01/29/how-ip-helped-create-the-ultimate-rock-n-roll-brand/. Accessed 13 Nov. 2025.

 

Beneath the performances and the legal disputes lie the mechanisms that sustain the business of successful rock bands: copyright and trademark.

Perhaps this is the ultimate paradox: to truly endure as an icon of rebellion, a band must navigate the very rules it seems to defy. Examples abound of how bands confront this paradox in practice; I have highlighted only the most representative.

Even the loudest rebels carefully ensure they maintain control over their creations. Behind the stage antics, the tours, and the persona lies a careful calculation: on one hand, the fear that without legal protection their music and image could be diluted, misused, or lost; on the other, the attempt to generate additional revenue to secure their musical careers.

And so, one wonders: can true rock ‘n’ roll ever exist without such rules, or is chaos always intertwined with control? Is the spirit of rock truly free or does it always need the scaffolding of control to survive?

 

(For those unfamiliar with the discography of the band Megadeth, the title of this article is a play on words with the title of their album and song Peace Sells… but Who’s Buying?)

 

Image credits:

[1] TRACKS – ARTE. “Lemmy de Motörhead : « Warhol, c’est de la merde » (2002) | Tracks ARTE.” YouTube, 16 Feb. 2021, www.youtube.com/watch?v=jy3-XhkO7L4. From 11:48 to 12:02. Accessed 16 Oct. 2025.

[2] Saavedra, David. “When Metallica Took on Napster: 25 Years of the Trial That Changed the Music Industry Forever.” EL PAÍS English, 19 Apr. 2025, english.elpais.com/culture/2025-04-19/when-metallica-took-on-napster-25-years-of-the-trial-that-changed-the-music-industry-forever.html.

[3] Luke Plunkett. “Iron Maiden Is Suing The Video Game Ion Maiden.” Kotaku.com, 29 May 2019, kotaku.com/iron-maiden-is-suing-the-game-ion-maiden-1835110947. Accessed 16 Oct. 2025.

[4] Pawlin, Jason. “How IP Helped Create the Ultimate Rock ‘N’ Roll Brand.” Intellectual Property Office blog, 29 Jan. 2018, ipo.blog.gov.uk/2018/01/29/how-ip-helped-create-the-ultimate-rock-n-roll-brand/. Accessed 13 Nov. 2025.