ultraman Posted June 26, 2004 Report Share Posted June 26, 2004 how do you copyright something? a song maybe? Quote Link to comment
Guitarfrenzy Posted June 26, 2004 Report Share Posted June 26, 2004 They claim that the poor mans method won't hold up in court nowdays. I remember reading that in a Gig magazine a couple years back, they told about where someones songs was ripped off, and they had a poors man copyright, and they still lost the case. So to be safe you better have a trademark or copyright. Quote Link to comment
MKGBass Posted June 26, 2004 Report Share Posted June 26, 2004 I'm guessing Fender would see that at the bottom and give your design a whirl at the shredder! Quote Link to comment
Southpa Posted June 26, 2004 Report Share Posted June 26, 2004 That way, if they build it without consulting with you first, you can sue them. It might not be a bad idea to send a copy of the design to yourself via registered mail (then keep it unopened) to establish the creation date. (Also known as the 'poor man's intellectual property registration.') I don't understand. Just by entering the contest you are giving them permission to build your design. If you don't want your design copied then don't enter the contest, end of story. But they DO state that they will give recognition to the originator of the design. By accepting prize, winner consents to the use of his/her name, likeness and biographical information for advertising and trade purposes without further compensation or consent, unless prohibited by the law. And as far as I can see there is no reason why you can't continue building your own design for sale without copyright infringement once Fender starts production. That was not stipulated in the contest rules unless its considered a "given" in these circumstances. But for those of us who have never sold an original guitar design I figure it might be a good shot in the arm for prospective business. Even if Fender lawyers say you can't use the design any more once relinquished to Fender your name will still get mentioned. Not a bad way to establish a reputation and thats what sells guitars these days. Quote Link to comment
lovekraft Posted June 26, 2004 Report Share Posted June 26, 2004 I don't think a copyright will protect anything but the original drawing, and I don't think that trademark is applicable either. Short of a design patent, I'm afraid that poor man's method is all the protection you can get - at least it will prove that you came up with the design on a certain date, although a notarized drawing might be equally valid. And if the court decides that your entry constitutes a work-for-hire none of it will matter anyhow. I'm not a lawyer, and I could easily be wrong about all that, but I've been bamboozled often enough to expect no mercy at the hands of corporate culture. My attitude would be, "Abandon hope, all ye who enter...". DISCLAIMER: No disrespect was meant to any persons, corporations or Supreme Beings. No legal advice was implied, not should any statement be interpreted as being accurate or factual. This post is a work of fiction, and any resemblance to any person or persons, living or dead, is purely coincidental. You should probably ignore the entire post. Quote Link to comment
westhemann Posted June 27, 2004 Report Share Posted June 27, 2004 DISCLAIMER: No disrespect was meant to any persons, corporations or Supreme Beings. No legal advice was implied, not should any statement be interpreted as being accurate or factual. This post is a work of fiction, and any resemblance to any person or persons, living or dead, is purely coincidental. You should probably ignore the entire post. haha...i think some members need this as a signature Quote Link to comment
MegaData Posted June 28, 2004 Report Share Posted June 28, 2004 how do you copyright something? a song maybe? Government websites are loaded with this kind of information. I only know the United States links. I don't know how this is applied to international protection. Just use protection when in doubt. The Library of Congress United States Copyright Office <--- your question is answered here United States Patent and Trademark Office <--- if you find out a copyright isn't what you need Quote Link to comment
KTLguitars Posted June 28, 2004 Report Share Posted June 28, 2004 Copyrights or patents are not hard to get, but they are very hard to protect! -What can you do if someone (e.g. a large well established guitar company... ) steals your design - sue them? -and who pay your lawyers??? You will pay with all you earn from building a few guitars a year....no forget it. The best way to protect yourself is to publish your work under your own name, e.g. here at Project Guitar (like I have done with my Magnum648). Afterwords you can very well prove that it was your idea/design (and if you give a hint to the press, they love to rip up bad practise in the established companies!) Thats is the best "poor mans method" if you don't want to hide in a drawer! Quote Link to comment
MegaData Posted June 28, 2004 Report Share Posted June 28, 2004 If you litigate against a company, and don't want to spend a small fortune, use a small claims civil suit! That's what small claims is there for. There are no lawyers to pay because small claims are not cost effective for a lawyer. If you want to go to court for claims over something like $5000, and can't afford an attorney, one will be appointed to you... Has anyone tried writing to the website and asking about who retains rights in this contest, or if a guitar will be made for the winner? The appropriate people to ask are probably not on this message board. Quote Link to comment
JPL Posted June 29, 2004 Report Share Posted June 29, 2004 If you want to go to court for claims over something like $5000, and can't afford an attorney, one will be appointed to you... Correct me if I'm wrong but I don't think you can get a court appointed attorney for a civil lawsuit. Certainly not if you are the plaintiff. Quote Link to comment
MegaData Posted June 29, 2004 Report Share Posted June 29, 2004 I think that depends on your income. You would probably have to prove to the court that you cannot afford one. We're talking about guitars here so let's not go into how many times I've been in court, but I will say I am the plaintiff for a current case I filed and I was told one could be appointed to me... although that person was not a lawyer (the person who gave me the paperwork) and I did not look into that option. However, I did inquire about hiring a lawyer for my case. He said that his prices were $100 an hour and he suggested that I do not hire him or anyone else. It's not cost effective. Evidence man. It's all about evidence. Just hope the court sees the same things I do. I've been through mediation (where they try to settle things out of court) and that case goes to trial at the end of July. Quote Link to comment
Dr. Jabsco Posted June 29, 2004 Report Share Posted June 29, 2004 from the mean streets i grew up on, the only protection we had was a gun. jk i dont even like guns Quote Link to comment
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