Biohazard Posted June 21, 2004 Report Share Posted June 21, 2004 Hi, I live in the UK and am having a guitar made for me. I am either going to have a fender telecaster headstock or a peavey headstock (the ones with 6 tuners on the one side of the headstock). Well, I will be having one of them if I don't come up with any custom design idea. But I was just wondering, will it be against any copyright lasw to use a fender or peavey headstock for my custom guitar's headstock shape? Thanks for any advice on this. Quote Link to comment Share on other sites More sharing options...
Curtis P Posted June 21, 2004 Report Share Posted June 21, 2004 i dont see why not, as long as you dont have it saying Fender or Peavey My headstock is a screwed up ibanez style Curtis Quote Link to comment Share on other sites More sharing options...
rhoads56 Posted June 21, 2004 Report Share Posted June 21, 2004 Yes, Fender doesnt like you using their shapes, but its the builder who will cop it, not you. Quote Link to comment Share on other sites More sharing options...
Biohazard Posted June 21, 2004 Author Report Share Posted June 21, 2004 Cool, you got a pic of it? Thanks for that. So if I don't come up with a custom design then I can use a Fender Telecaster headstock shape or a Peavey headstock shape as long as Fender or Peavey aren't printed on. Thats cool cause I wasn't planning on having anything printed on the headstock anyway. Quote Link to comment Share on other sites More sharing options...
Curtis P Posted June 21, 2004 Report Share Posted June 21, 2004 ohh, guess i got that wrong, no i dont get any pics (yet) gotta wait till i get buddies digital camera in my paws Curtis Quote Link to comment Share on other sites More sharing options...
ThePlague Posted June 21, 2004 Report Share Posted June 21, 2004 the shapes are actually copyrighted along with the names. that's why you can't find any strat copies with real strat headstocks. that said, it's fine to have your guitar made with a tele headstock. fender doesn't care about one custom guitar being made with their headstock. they care if a company is mass producing guitars with it. Quote Link to comment Share on other sites More sharing options...
Curtis P Posted June 21, 2004 Report Share Posted June 21, 2004 (edited) why not something like that? that looks good what about the beast? Those are killer designs in my opinon Edit right click, properties and copy address on the beast Edited June 21, 2004 by Custom_Curtis Quote Link to comment Share on other sites More sharing options...
ThePlague Posted June 21, 2004 Report Share Posted June 21, 2004 well i agree that bc rich's widow headstock looks cool, but it'd look totally out of place on a "normal" shaped guitar. if he's considering a tele headstock, i'm guessing the rich won't fit with the design. Quote Link to comment Share on other sites More sharing options...
darren wilson Posted June 21, 2004 Report Share Posted June 21, 2004 Headstock designs are protected trade marks (like the company's logo), and building a guitar yourself with a similar design for your own use would probably fall under fair use. But if someone is making a copy and taking money for it, that's a no-no, and could get the builder into legal trouble. Quote Link to comment Share on other sites More sharing options...
Biohazard Posted June 21, 2004 Author Report Share Posted June 21, 2004 I'm after a headsotck that has the machine heads 6 in a line. I'm not too keen on that first one either. Since it's onyl a one off custom if I don't decide on a custom shape I will use either the peavey or telecaster (not strat) headstock shape. Thanks for the input anyway, just wanted to know if Fender would not like it too much. not that they'd know anyway. Quote Link to comment Share on other sites More sharing options...
Dr. Jabsco Posted June 22, 2004 Report Share Posted June 22, 2004 I think you should draw up your own shape. Im sure its much more satisfying to play. Quote Link to comment Share on other sites More sharing options...
dcamp67 Posted June 22, 2004 Report Share Posted June 22, 2004 Listen, Don't worry about whatever shape for the headstock you want to use. Using a "publicly" trademarked shape doesn't make a damn bit of difference if you are only using it for "personal" reasons. As long as you are using it for your own personal guitar, and not selling, or producing for profit a design, you can pretty much do what you want. It's like bands that "cover" songs during gigs, as long as you don't record and and sell your "version" of the song without permission, you don't have to worry. Make a headstock however you like, and be sure that you are legally on safe ground. Just don't ask a professional luthier to make the 'stock if a trademarked shape........ Peace Quote Link to comment Share on other sites More sharing options...
truerussian558 Posted June 22, 2004 Report Share Posted June 22, 2004 but the delema is that hese having it built for him for money, so is it legal for the builder to use the tele headstock Quote Link to comment Share on other sites More sharing options...
darren wilson Posted June 22, 2004 Report Share Posted June 22, 2004 but the delema is that hese having it built for him for money, so is it legal for the builder to use the tele headstock The answer is no, unless the luthier building it for him has paid Fender for a license to use their trademarked headstock design. Quote Link to comment Share on other sites More sharing options...
dcamp67 Posted June 22, 2004 Report Share Posted June 22, 2004 but the delema is that hese having it built for him for money, so is it legal for the builder to use the tele headstock The builder could have some legal problems (most likely a "cease and desist" order. But it's really the choice of the builder to do the copyrighted shape or not. I would have the builder come up with something on his own. Ffor the money he's being paid to make the guitar to begin with, he should be happy to modify a standard tele and avoid trouble. Quote Link to comment Share on other sites More sharing options...
Black Mariah Posted June 22, 2004 Report Share Posted June 22, 2004 Companies don't care unless you're doing large scale and blatant ripping off. Large custom makers and parts manufacturers like GMW and Warmoth have to license the designs because they're trading on them. That's part of the attraction is that you can get actual strat headstocks and not some misshaped wannabe headstock. A small custom builder that does Fender headstocks on a very irregular basis... they don't care. They only care when a direct competitor is trading on their designs. Quote Link to comment Share on other sites More sharing options...
Biohazard Posted June 22, 2004 Author Report Share Posted June 22, 2004 Ok, thanks to all for your input. I will try to draw my own custom headstock shape up but if not I will go for either Peavey or Fender Telecaster. I will let you all know on this thread which headstock I decided to go for once i've decided. Thanks again for the input. Quote Link to comment Share on other sites More sharing options...
darren wilson Posted June 22, 2004 Report Share Posted June 22, 2004 Just because a company is small doesn't make infringing on trademarks right. A smaller shop might be able to get away with it, but it's still wrong. That's like saying, "It's only illegal if you get caught." Quote Link to comment Share on other sites More sharing options...
frankie Posted June 22, 2004 Report Share Posted June 22, 2004 Dude, those billionaires up in the Fender office buildings aren't gonna give a crap if there are some guitars made like theirs. As long as you don't make a ton it's okay. And as for the luthier making it, still nobody's gonnna care just go for it. Quote Link to comment Share on other sites More sharing options...
Biohazard Posted June 22, 2004 Author Report Share Posted June 22, 2004 Thanks guys for the support. Quote Link to comment Share on other sites More sharing options...
Jehle Posted June 22, 2004 Report Share Posted June 22, 2004 As long as you are not trying to copy someone elses shape and then try to pass it off as genuine you will be fine. Since you are just making one (or just having one made) I wouldn't worry about it. Quote Link to comment Share on other sites More sharing options...
Biohazard Posted June 22, 2004 Author Report Share Posted June 22, 2004 Yeah, ok thanks. I pretty much understand it all now. Basically since it is a one off I will be ok to use a company headstock shape if I wanted. One other thing, if I asked the builder not to use my body shape design again because it is my one off do you think he would say ok or think i'm being a bit big headed or what have you. Quote Link to comment Share on other sites More sharing options...
rhoads56 Posted June 22, 2004 Report Share Posted June 22, 2004 Dude, those billionaires up in the Fender office buildings aren't gonna give a crap if there are some guitars made like theirs. As long as you don't make a ton it's okay. And as for the luthier making it, still nobody's gonnna care just go for it. Tell that to the guys over on the MIMF forum that have been threatened and had cease and desist actions placed on them. If someone wanted something you invented, and made a living from, would you accept 1,000 luthiers making one of copies of it?? I think not. Quote Link to comment Share on other sites More sharing options...
Reaper Posted June 22, 2004 Report Share Posted June 22, 2004 Well... why don't you just draw up something? That solution takes care of all of the ifs, ands, buts, and maybes. Quote Link to comment Share on other sites More sharing options...
darren wilson Posted June 22, 2004 Report Share Posted June 22, 2004 Yeah, ok thanks. I pretty much understand it all now. Basically since it is a one off I will be ok to use a company headstock shape if I wanted. Well, not exactly. Legally speaking, you're still stealing someone else's design, regardless of whether the owner of that design notices or takes action. It's still wrong. Morally speaking, it's your own choice to decide if "it's okay as long as i don't get caught" is the approach you want to take. If you're having something built completely custom, why not do an original headstock design that reflects your creativity, instead of Fender's? One other thing, if I asked the builder not to use my body shape design again because it is my one off do you think he would say ok or think i'm being a bit big headed or what have you. You're presenting a bit of a contradiction... you're okay with stealing Fender's headstock, but you don't want anyone else to use your original body design? If your luthier doesn't have a problem stealing from Fender, do you think he's going to have a problem stealing from anyone else? Do you think he'd turn down a customer who walks in and says, "I want a guitar just like that one you just built for Biohazard"? Quote Link to comment Share on other sites More sharing options...
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