Nope so long as you remain not famous, not rich, and not known to the holder of the intellectual property. Tele on dude!
Now if you were thinking of replicating a G*bson and flying above the radar I'd lawyer up big time.
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| making copies of other guitars http://w-ww.luthiersforum.com/forum/viewtopic.php?f=10123&t=47337 |
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| Author: | lactose [ Mon Feb 22, 2016 6:40 pm ] |
| Post subject: | making copies of other guitars |
Am I asking for trouble if I take on commission to make a tele or klein or other shape guitar ? (Body shape, not headstock) I am aware Gibson eventually lost the PRS singlecut suit. I see a lot of copies of a few popular models being made everywhere. I was wondering what the consensus was. Thanks. |
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| Author: | dzsmith [ Mon Feb 22, 2016 7:15 pm ] |
| Post subject: | Re: making copies of other guitars |
Everbody makes Tele shaped guitars, even copying the headstock. I doubt a couple here and there would be any problem. I would not put a Fender label on it, because I take pride in what I build. |
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| Author: | Freeman [ Mon Feb 22, 2016 7:48 pm ] |
| Post subject: | Re: making copies of other guitars |
Disclaimer, I am not an attorney. A quick google search yields quite a bit of information - here are a couple of links, there are many others http://www.musicradar.com/news/guitars/ ... ase-201886 http://forum.gibson.com/index.php?/topi ... copyright/ My take on it is that if you are producing a counterfit - ie it says Fender on the headstock and you sell it as one then you are violating the law and Fender can take action against you. Will they? Probably not but why risk it. If you are producing a guitar that is basically the same shape but with your logo and hopefully some tasteful changes you are probably OK. We all do this with both electric and acoustics - I've built tele clones and LP clones and 335 clones. In each case I purposely change them enough that its obvious that they aren't Fenders or Gibsons - usually the headstock shape but often other small things. The last question is what to call them - I posted a thread of an ES-335 copy and showed the label that I put in it which said ES-335-FK (my initials, which are also on the headstock). A forumite took me to task on that stating that Gibson probably wouldn't like my using their model name. I don't think "ES-335" is copyrighted but I do know "Les Paul" and "Stratocaster" are - I would avoid anything like that. It is interesting that some of the good plans for popular guitars have been removed from the market - there used to be several Les Paul plans and they are pretty much gone. I had been told that there was some copyright issues involved but can't verify that. There is one huge advantage in making a guitar that is a common size and shape - you can buy a ready made case to fit for a reasonable price. I've also built some odd ball instruments and custom cases are very expensive. |
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| Author: | abarson [ Mon Mar 28, 2016 6:42 pm ] |
| Post subject: | Re: making copies of other guitars |
Why bother? There is nothing less inspiring than "Oh, another Strat/Tele/Jazz/Precision/LP/SG/etc. copy..." If all you want to do is churn out copycat junk, there are hundreds that do just that in the Far East. Would you be proud of what you produce? What would make you any different or compelling? There are some builders like Gil Yaron who has spent an enormous amount of time researching "the classics" to understand their build methods and what makes them unique and desirable. His "copies" often surpass the originals, but that's to be expected when each is handmade to excruciatingly exact specification. He has evolved to where he is introducing his own designs based on his knowledge, with some very impressive results. Even Eastwood create replicas, but that's only for models that no longer exist and undergo legitimate vetting for fixing or upgrading design shortcomings. Figure out what you aspire to be: another cog or an artist. |
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| Author: | Chris Pile [ Mon Mar 28, 2016 7:46 pm ] |
| Post subject: | Re: making copies of other guitars |
^^^^ Never mind the wet dishrag. ^^^^ |
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| Author: | Hesh [ Tue Mar 29, 2016 5:06 am ] |
| Post subject: | Re: making copies of other guitars |
Nope so long as you remain not famous, not rich, and not known to the holder of the intellectual property. Tele on dude! Now if you were thinking of replicating a G*bson and flying above the radar I'd lawyer up big time. |
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| Author: | dberkowitz [ Thu Mar 31, 2016 8:02 am ] |
| Post subject: | Re: making copies of other guitars |
I'm among those who are very hard about this. I get it that design is hard, ideas are hard. But it's meant to be hard work to come up with something original. You will learn so much more by designing your own, that it will surprise you. It will inspire you. Copying someone else's art is simply plagiarism. It drives me crazy that there are so many folks copying Michi' Matsuda's designs, or Jason Kostal's rosettes and endgraft, or Michael Greenfield's spalted maple rosette with dual abalone bands. Come up with your own work. Don't put it on your own guitar and call it your work. It's not. It's someone else's design, their work product, that you're purloining. Give credit for others work. |
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| Author: | Sandywood [ Tue Apr 05, 2016 12:13 pm ] |
| Post subject: | Re: making copies of other guitars |
lactose wrote: Am I asking for trouble if I take on commission to make a tele or klein or other shape guitar ? (Body shape, not headstock) I am aware Gibson eventually lost the PRS singlecut suit. I see a lot of copies of a few popular models being made everywhere. I was wondering what the consensus was. Thanks. I'm not sure if you're really wanting legal advice by asking on a forum but if you are...I'll avoid the legalities because I'm not a lawyer. I will give my opinion about building guitars though. I define "copy" as representing the original as close as possible including the name. That is not something I'd do. I would build a "style" such as Strat, Tele, LP etc. and put my logo and name on it. I'm not so "stuffed" that I don't realize the value of one learning to build by following available sources/designs/templates in hopes that the knowledge will expand to include original ideas. (how many people learned to play a musically instrument by playing nothing but originals) Another cool thing about building a guitar styled after one such as a Strat for example is that you can use woods and combinations of, that the Fender company doesn't offer or they would charge you a premium price to label as "custom shop". I've built "style" guitars that I can't imagine what they would have charged for and each one has my name on them. It's also cool because you can mix things up...I've built Strat style with short-scale and tilt head. Now if Fender has ever done that it is beyond me but then again I don't really care. It's what I was asked to build and I wanted to build it. I could go on but simply I think it's; do what you feel good doing and put your name on it. If some suit with deep pockets informs you you're screwing up and advises you to stop doing a particular thing...take it from there and until then...make some sawdust. ( I figure if you're "big" enough for a suit to visit you because you're cutting into a "big" companies pockets you can afford to fight or walk without any legal advise you'd get on a forum anyway...LOL...but's that's me.) |
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