Can I Sell Replicated Guitars Legally?

[gtrwizrd567]

Ok so I'm a huge AIC fan and recently replicated my G&L Rampage Tribute Jerry Cantrell guitar to look like Jerry's original "Blue Dress." I had a lot of fun doing this and am wondering if I can either make and sell more replicas or have people send me their own and replicate it for them, for a price. I know it's legal to sell guitars on Ebay, but my goal is to create a website where I can give design options (not just the "Blue Dress," but let's say a "Slash" or "Tom Morello" version. I'm curious if this is legal and if not, why and how I can do this legally. Here is a picture of my own replica I made:



Any help is greatly appreciated!

 

[HiFiRebel]

Re: Can I Sell Replicated Guitars Legally?

You should talk to a lawyer. Specifically one that is well versed in trademark and copyright law. Using a person's name to profit off of them without a previous written agreement is a no no.

 

[gtrwizrd567]

Re: Can I Sell Replicated Guitars Legally?

I have some in the family so that's a good start!! Thanks!

 

[Silence Kid]

Re: Can I Sell Replicated Guitars Legally?

Not only G&L/Cantrell trademarks, but I also wonder who held the copyright to the pinup in the first place Somewhat joking

As a big Jerry Cantrell fan, I think your guitar looks pretty cool

 

[AlexR]

Re: Can I Sell Replicated Guitars Legally?

Just replicating the look with stickers is not an issue, same as paintjobs. A specific shape like a headstock or a logo can be trademarked.

As long as you don't advertise them as pretending to be a brand you should be ok.

 

[HotHead]

Re: Can I Sell Replicated Guitars Legally?

That's a tricky one. I think it depends if some company's already making replicas of the guitars you're making. I know I see a lot of EVH's "Frankenstrat", Tom Morrello's "Arm The Homeless", James Hetfield's "Iron Cross", and Bille Joe Armstrong's "Blue" replicas showing up on Ebay and other sites. Although, I don't know if they were one-offs made for fun, or full-fledged replicas that were made for-profit like you intend on doing. I'm sure there's something wrong with the latter without proper permission.

 

[Johnny the Kid]

Re: Can I Sell Replicated Guitars Legally?

Hetfield did have an Iron Cross Replica that was sold by ESP.

In California, there was a case in the 70's where a racing driver sued a cigarette company. The company used a replica car that was very similar to the one he drove. Even with an added spoiler and a changed number on the side, he still won the case. As guitars can be very much associated with an artist (Morello's Arm the Homeless or Kirk Hammett's Ouija superstrat) replicating these guitar finishes, even with a name change and even a change in electronics can still lead to murky waters legally, and depending on your jurisdiction, there's a good chance you would lose as there is already legal precedent set.

 

[Wattage]

Re: Can I Sell Replicated Guitars Legally?

They'd hit you with a cease and desist order before suing you if there was an issue I am sure. I'm assuming you'd be using factory guitars to make the replicas not building your own bodies, necks etc. That's where it would be a problem I would think.

There's a guy and I am sorry I can't remember his name that does replicas of Neil Young's old black, George Harrison's Rocky, EC's Fool guitar and a few others he's been doing it for years. Try and find him and ask him, if I remember he does the cases up too.

 

[Gone_Shootin]

Re: Can I Sell Replicated Guitars Legally?

Not only G&L/Cantrell trademarks, but I also wonder who held the copyright to the pinup in the first place Somewhat joking

As a big Jerry Cantrell fan, I think your guitar looks pretty cool

It was a pic he cut out of a page of Oui magazine, iirc.

 

[thebingopete]

Re: Can I Sell Replicated Guitars Legally?

Providing the service of replicating famous guitars may be less of an issue. For the customer to provide the instrument and contract you to do artwork that resembles another should be no problem, so long as you sign it as original art. Also if copyright applies, there must be a 20% difference other than size or color to avoid copyright infringement.

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[dystrust]

Re: Can I Sell Replicated Guitars Legally?

There can also be legal issues with replicating specific graphic finishes. Kirk Hammet's 'Mummy' guitar is a good example as he purchased the rights to the film including the movie poster artwork.

 

[thebingopete]

Re: Can I Sell Replicated Guitars Legally?

There can also be legal issues with replicating specific graphic finishes. Kirk Hammet's 'Mummy' guitar is a good example as he purchased the rights to the film including the movie poster artwork.

This was my point. About the 20% difference. Also one off hand painted work will have enough variances naturally to warrant his own signature therefore making it an original work of art. Even if based on an existing image.

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[gtrwizrd567]

Re: Can I Sell Replicated Guitars Legally?

Thanks!!

 

[thebingopete]

Re: Can I Sell Replicated Guitars Legally?

To give a clue as to how I know anything about this, I've done plenty of that kind of work. For legitimate companies with permit and bootlegging operations. Signs, t-shirts, bumper stickers

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[Johnny the Kid]

Re: Can I Sell Replicated Guitars Legally?

This was my point. About the 20% difference. Also one off hand painted work will have enough variances naturally to warrant his own signature therefore making it an original work of art. Even if based on an existing image.

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The 20% difference is a myth. You cannot cite a mathematical number for a visual design. How would you quantify that? Copying a design such as Cantrell's Blue Dress, even by hand, even with the natural variances, can still warrant a cease and desist from G&L if they find you selling them.

 

[thebingopete]

Re: Can I Sell Replicated Guitars Legally?

Quantified by how off scale. Some things can be changed enough to resemble the original and still have the difference enough to call it original. Take some super Strats for example. Shorten the horn a bit here, deepen the contour there. Scale it down 5% for good measure and voila... An original model that still looks a lot like a Strat but has the difference. It's a major pain in the ass. I got tired of bootlegging because of the hassle. Getting permission is easier. Or if the talent is there, try to work for one of the brands that does signature models.

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[thebingopete]

Re: Can I Sell Replicated Guitars Legally?

Also a major point is if it offered as an art service as opposed to producing and selling them. Artistic services have a little more flexibility with copyright laws. To produce and sell will require permission. If all my friends came to me wanting me to paint their LPs with a Zack Wylde motif I'd have no problem with copyright infringement issues. If I added it to Gibson guitars and try to pass them off as a ZW model, I might get problems.

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[Johnny the Kid]

Re: Can I Sell Replicated Guitars Legally?

Quantified by how off scale. Some things can be changed enough to resemble the original and still have the difference enough to call it original. Take some super Strats for example. Shorten the horn a bit here, deepen the contour there. Scale it down 5% for good measure and voila... An original model that still looks a lot like a Strat but has the difference. It's a major pain in the ass. I got tired of bootlegging because of the hassle. Getting permission is easier. Or if the talent is there, try to work for one of the brands that does signature models.

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Fender does not own the trademark on the Strat shape. And once again, the 20% claim is a myth. The two works must be significantly different so as to not be mistaken for each other. You cannot quantify what is significant to a visual design. And repainting a Strat body or similar with the Arm the Homeless guitar, even by hand, would not be visually significantly different. Just because all the lines are in slightly different spots doesn't mean that the overall design is so dissimilar that the two instruments could be confused.

 

[thebingopete]

Re: Can I Sell Replicated Guitars Legally?

As a service there is flexibility in the laws. Look at what tattoo artists do. For one off works on a customer owned guitar, an artist can do pretty much whatever the customer wants within the abilities and talent of the artist.

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[Johnny the Kid]

Re: Can I Sell Replicated Guitars Legally?

As a service there is flexibility in the laws. Look at what tattoo artists do. For one off works on a customer owned guitar, an artist can do pretty much whatever the customer wants within the abilities and talent of the artist.

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That is not what's he's asking though. The question was whether he could start a company that offers recreations of various guitars. Not a "yeah I'll do this and don't tell anyone" but "Hey all those great guitars? We can recreate them." Even if the designs don't match up 100%, the fact that he is profiting off of designs that are not his and are not special one offs could lead to legal ramification further down the road.