Edgecrusher
New member
Re: Building replicas without copyright infringement?
Pretty sure the shape of the that gibson headstock is trademarked (btw many of you in this thread need to learn the difference between a copyright and a trademark) If gibson wanted to push the issue pretty sure that shape alone would be actionable.
Many body shapes on the other hand have through legal precedent been deemed so common in use that they cant be trademarked.
Last time I was advised on this question and its been a few years since then is that if you are making one example of yourself with no intent to sell then a company would be hard pressed to prove any damages in court. Have to remember thats the whole crux of the issue is that your use of their intellectual property caused someone to lose money they would have otherwise made. If you arent doing it as a business or trying to sell it you should be fine.
I say should because throwing tons of money behind lawyers can make some wonky things happen in the legal system if someone wants to throw enough cash at it.
Pretty sure the shape of the that gibson headstock is trademarked (btw many of you in this thread need to learn the difference between a copyright and a trademark) If gibson wanted to push the issue pretty sure that shape alone would be actionable.
Many body shapes on the other hand have through legal precedent been deemed so common in use that they cant be trademarked.
Last time I was advised on this question and its been a few years since then is that if you are making one example of yourself with no intent to sell then a company would be hard pressed to prove any damages in court. Have to remember thats the whole crux of the issue is that your use of their intellectual property caused someone to lose money they would have otherwise made. If you arent doing it as a business or trying to sell it you should be fine.
I say should because throwing tons of money behind lawyers can make some wonky things happen in the legal system if someone wants to throw enough cash at it.
