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Do we have any legal eagles here?


Ou7shined
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I've come up with a unique headstock design that is getting a far bit of attention and a lot suggestions to copyright it.

Basically I took a standard design from a very well known licenced reproduction and converted it to my needs. I've had a look on copyrightservice.co.uk and my design seems to meet the criteria. The thing is, I'm not sure exactly what it is I need to copyright. I mean can you copyright holes? Am I constrained by the precise dimensions of my design or is it the concept (I'd much prefer this) that I need to protect?

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[quote name='Ou7shined' post='352946' date='Dec 12 2008, 05:47 PM']I've come up with a unique headstock design that is getting a far bit of attention and a lot suggestions to copyright it.

Basically I took a standard design from a very well known licenced reproduction and converted it to my needs. I've had a look on copyrightservice.co.uk and my design seems to meet the criteria. The thing is, I'm not sure exactly what it is I need to copyright. I mean can you copyright holes? Am I constrained by the precise dimensions of my design or is it the concept (I'd much prefer this) that I need to protect?[/quote]
I have a shiny LLB (Hons) from the best Law university after Oxford and Cambridge. I did my dissertation in Intellectual Property, but will have to give your question some thought as Design Rights (which is actually what this is) isnt a major part of the Syllabus.

It kind of depends what you've changed and how close you are can you PM me and I'll send you an email address to send some JPegS to ?
I think the worst you might get is a CAD (Cease and Desist) letter as a warning but thats often a putoff.

Edited by Geek99
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[quote name='Geek99' post='352948' date='Dec 12 2008, 05:50 PM']I have a shiny LLB (Hons) from the best Law university after Oxford and Cambridge. I did my dissertation in Intellectual Property, but will have to give your question some thought as Design Rights (which is actually what this is) isnt a major part of the Syllabus.[/quote]
Top banana!

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I'm no legal expert but I'd imagine it would be a matter of registered trademarks, if the design doesn't serve a practical purpose. This is how companies such as Fender and Gibson have dealt with these things.

I have heard similar things to Tombboy about the assertive manner in which EB protect their trademarks.

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This could possibly involve design rights (registered and/or unregistered), trade marks and copyright, but copyright would only be relevant to your drawings of the designs, not the design itself (i.e the 2-dimensional drawings, not a 3-dimensional headstock).

If you want to PM me the drawings, will happily throw in my tuppence'orth, but you should do some research (or pay someone else to) into what existing similar rights third parties may have before you spend too much money on this.

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do consider also that EB may not be the only people with IP rights over the general 4+1, 3+1 designs - there could be other manufactuers or one man band operations out there who hold rights on a variant. I must admit I didnt know what manufacturer you were talking about, and dont know what your design looks like. A lot depends on just [i]how much[/i] like the original it is.

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[quote name='tombboy' post='352998' date='Dec 12 2008, 08:04 PM']Erm.... had a look at the headstock in question. Although the 'hole' could be copyrighted, I'm sure Ernie Ball hold trading and manufacturing rights over the 4+1 machine head configuration. AND they are very much on the ball with the old CAD's. :)[/quote]

My Fender Roscoe Beck was 4 over 1??

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