Digideus Posted October 4, 2007 Report Share Posted October 4, 2007 The Evidence.... My Design BC Rich's Design Well? Is this a worthy case for a legal case for design copyright? Quote Link to comment Share on other sites More sharing options...
thegarehanman Posted October 4, 2007 Report Share Posted October 4, 2007 (edited) Not in the least. People on this board produce tons of guitars and even more drawings, and most all are the result of some other design. Yours, for example is the result of a flying V, obviously (and the drawing and picture you've supplied really share very very few resemblances at all). Prs' single cut was proven, in courst, to not be similar to the Les Paul. Those two guitars have more in common then these two v's. So no, you wouldn't have a chance, especially if you haven't even built and sold any. However, it might still be fun to send BC Rich a Cease and Desist order the the aid of an lawyer. They might send you a few bucks to try to 'keep you quiet." peace, russ Edited October 4, 2007 by thegarehanman Quote Link to comment Share on other sites More sharing options...
verhoevenc Posted October 4, 2007 Report Share Posted October 4, 2007 No offense... that's ridiculous, those things aren't even CLOSE. Not to mention, all pointy guitars look the same hahahaha (does that constitute guitar racism?) Chris Quote Link to comment Share on other sites More sharing options...
marksound Posted October 4, 2007 Report Share Posted October 4, 2007 I think Metal Matt designed both of those years ago. Quote Link to comment Share on other sites More sharing options...
thegarehanman Posted October 4, 2007 Report Share Posted October 4, 2007 Oh, and I think since you posted your design online before even building it, you technically gave up the rights to it. Again, I don't see a resemblance, so that doesn't matter much. Quote Link to comment Share on other sites More sharing options...
Digideus Posted October 4, 2007 Author Report Share Posted October 4, 2007 hehe, I only posted this poll as a joke. I really dont care about the BC Rich design, although I *MAY* (purely for humour) send them an e-mail and ask them to pay me 1 custom built guitar as payment for my design. Clearly, I DID design this first and, clearly, there are *simularities* between them (they are both a Flying V and have scalloped edges!) However, it does raise the question of wether posting a design online constitutes giving up the rights to it. Surely the original designer has the copyright/patent on their design and (IF PROVABLE) can demand recompense for it should someone breech that copyright or patent. I know this is a very grey area in guitar design and one that most companies (Jackson and Fender aside) dont really sue you for copying (except for headstock designs I notice) it as you can claim design changes simply by using different angles in the design edges. As long as you arent making money from it. Metal Matt was definately the inspiration for that design. His Impaler is awesome inspiration. Im sure he would see the funny side of this Quote Link to comment Share on other sites More sharing options...
Daniel Sorbera Posted October 4, 2007 Report Share Posted October 4, 2007 they are both a Flying V and have scalloped edges! Thats like saying "my guitar is a single cut with a rounded lower bout!!!!" Quote Link to comment Share on other sites More sharing options...
RGman Posted October 5, 2007 Report Share Posted October 5, 2007 However, it does raise the question of wether posting a design online constitutes giving up the rights to it. Surely the original designer has the copyright/patent on their design and (IF PROVABLE) can demand recompense for it should someone breech that copyright or patent. No, unfortunately it doesn't work like that. Quote Link to comment Share on other sites More sharing options...
erikbojerik Posted October 5, 2007 Report Share Posted October 5, 2007 However, it does raise the question of wether posting a design online constitutes giving up the rights to it. Surely the original designer has the copyright/patent on their design and (IF PROVABLE) can demand recompense for it should someone breech that copyright or patent. No, unfortunately it doesn't work like that. +1 You have to file for a patent; copyright is somewhat different depending on the medium. If you post something online, it becomes public access and anyone can take it and run with it. Quote Link to comment Share on other sites More sharing options...
zyonsdream Posted October 5, 2007 Report Share Posted October 5, 2007 Putting your idea online does not make it public. It's stupid to do but it doesn't negate the fact that you have intellectual rights to the design. In fact, putting it online gives it a time stamp and that's important because in court it comes down to who can prove they came up with the design first. If you have it dated, you can prove you did it first. However, if you do not have a patent/ copyright then the only thing you can do is serve a C&D order on the offender. You cannot collect damages if they use your design. Also, BCR is notorious for sending people (even small builders C&D orders and in a lot of cases they were just doing it to be a-holes. So, it would be funny to see a small builder send one to them. However, I'd put money on their lawyers knowing more about it than most of us. Ask Neal Moser about the BCR lawsuits. He went through it for years with them! Quote Link to comment Share on other sites More sharing options...
Digideus Posted October 9, 2007 Author Report Share Posted October 9, 2007 (edited) OK, so what about these two? Surely the Xiphos is a copy of the Jackson Warrior Edited October 9, 2007 by Digideus Quote Link to comment Share on other sites More sharing options...
RGman Posted October 9, 2007 Report Share Posted October 9, 2007 (edited) Surely if it was, we would of heard about it? But yes, it is a copy though legally it differentiates from the Warrior enough for Jackson to not take legal action. Edited October 9, 2007 by RGman Quote Link to comment Share on other sites More sharing options...
Mattia Posted November 22, 2007 Report Share Posted November 22, 2007 What Zyonsdream said. Publication DOES NOT curtail your copyright. Patenting is a different issue (if you describe the idea before its patented and someone beats you to it, that's too bad for you, really), but copyright is yours whether you register it or not, whether you put it in the public domain or not, and remains so. You've created something (a design), thereby making it yours. Quote Link to comment Share on other sites More sharing options...
fryovanni Posted November 23, 2007 Report Share Posted November 23, 2007 I think most claims to original designs or features are a joke in guitar building. 99% of the time the idea has been done by someone else in the past, often times "modern" features had been done over a hundred years prior. Most of these design features come from a person who is just starting to grasp a concept and thinks in their own mind nobody has thought of it because they hadn't. If most people had done enough research to ensure the idea was truly original they would have found it had been done, and in not doing the research up front they clog the system with meaningless claims. With regards to the shape of a body, well if anyone should have some rights to a design like the ones mentioned (LP not withstanding, the LP's shape was hardly an original), it should be Gibson. Because they actually made the electic V and Explorer notable to the general public, and guys have been "tweaking" the shape for years (hardly what I would call a brand spanking new vision). I believe there is a time when you laws can be useful to protect investment. Most of the abuse of the system seems to have made these things a joke anymore. I know this was topic was meant as a joke, but I find people that like to claim ownership of a design like these when they have invested in nothing more than a drawing or sketch is really silly. Now when a guy comes along and they have $300,000 dollars invested in tooling and has just started production of a model, and they have began a $100,000 advertising campain to make the design known to the general public. Then there is investment, and it needs protection. If a person has dedicated a solid 10 years worth of their time research, and develop an idea. At which point they plan to market the intellectual property, then there is investment to protect. If someone comes along that took no risk or invested in promoting a somewhat similar shape, yet they feel they have lost something or are damaged in some way I have little sympathy. BC Rich can sell guitars because they are BC Rich, there is investment in the company name and have manufacturing capacity to deliver. Peace,Rich Quote Link to comment Share on other sites More sharing options...
jaycee Posted November 23, 2007 Report Share Posted November 23, 2007 hehe, I only posted this poll as a joke. See what you done Dig.. opened a whole can of worms.... Quote Link to comment Share on other sites More sharing options...
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