Is This really illegal?

[Jr_vw2]

first off sorry about the click bait title..lol

I have been wanting to paint an old kramer that I have like an EVH replica. I have seen it done tons of times before. Talked to a local guy that does custom guitar work and he said "no can do". Copyrighted and you could get sued. Did some digging around on the interwebs and i came across a couple posts where people have painted a guitar like that and then tried to sell it later on ebay and their auction got shutdown due to copyright violation. Seems like some BS to me, and im guessing that if you painted it yourself and kept it for a personal guitar and didnt try to sell it that nothing would ever come of it. Anyone have any experience with this topic?

I guess the workaround would be paint it and play it and then if i ever wanted to sell it just repaint it.

 

[Old Guy]

Re: Is This really illegal?

Yep. That is a copyrighted design. You can paint it, but if you try to sell it, you'll get dinged. EVH is a stickler for his trademark.

 

[Adieu]

Re: Is This really illegal?

Do like the Chinese, post cut-off pictures... or toss something over the core design in the ad pics

 

[Jr_vw2]

Re: Is This really illegal?

Do like the Chinese, post cut-off pictures... or toss something over the core design in the ad pics

I wouldnt be doing this with the intent to sell it. But I am also only committed to wife wife forever. Guitars come and go..lol

 

[Chistopher]

Re: Is This really illegal?

I haven't ever attempted an EVH paintjob, but I've gotten pretty good results by doing EVH inspired designs, dumbing down the painting skill to shop class levels, and then doing some light relicing.

 

[Gransen]

Re: Is This really illegal?

Seems like some BS to me, and im guessing that if you painted it yourself and kept it for a personal guitar and didnt try to sell it that nothing would ever come of it. Anyone have any experience with this topic?

I guess the workaround would be paint it and play it and then if i ever wanted to sell it just repaint it.

Yes, I have professional experience with this topic.

And yes, you are 100% correct. The next question is "gifting" the copyrighted item. Yes, you can give it away as a gift, but not if you intended to infringe the copyright to make the gift more valuable right from the start.

Paint a car with your favorite sports team's colors and logos, and you have to get permission from the team to sell it. You can give it away, repaint it, or keep it until you die. Or yes, you can drive it around.

 

[Gransen]

Re: Is This really illegal?

Oh, one more point, you only get to do one. If you have a half a dozen guitars and you give them all an "EVH" paint job and post pictures here on this forum of your personal guitar collection, you might get a phone call from someone with a sophisticated search engine searching for copyright infringement.

But if you just do one personal guitar, then you're fine.

How about "a collection of sweaters with D.I.Y iron-on college logos?" NOPE!!! And that means that if other guitar manufacturers have copyrighted a paint job, then you get to choose ONE of them, and paint ONE of your guitars with a copyrighted paint job for personal use only.

I was a web designer back when that was actually a career. I had to know that stuff: "Appropriate use of third party logos."

 

[ehdwuld]

Re: Is This really illegal?

I would try a camo colored stripe pattern
Or red white and blue stripe instead of red white and black
Only one off makes it original

 

[Jr_vw2]

Re: Is This really illegal?

So with that being said. Could you technically list it for free and charge $400 for shipping and handling?

 

[ehdwuld]

Re: Is This really illegal?

No

 

[Aceman]

Re: Is This really illegal?

I would just say Effects it. and roll on. Paint it how you like.


If you want to sell it, go for it. Just be totally honest about what it is and isn't. Parts caster with an VH style paint scheme.

If Ebay doesn't work, go Craigslist, FB or whatever. Attorney hunting of Obviosly individual work is D-baggery of the highest order. It's a sign of the impending collapse of your company.

China could give a ^%$% what EVH thinks about anything, or his little guitar company or Fender or anyone else. IS it illegal? Sure.

But damn - 'Murica. It's a fracking paint job. You intend to keep it. Paint it any way you want and tell them to suck your cocked-wah!

 

[Gransen]

Re: Is This really illegal?

So with that being said. Could you technically list it for free and charge $400 for shipping and handling?

Handling...??? No.

Shipping...??? It has to be actual cost. I'm pretty sure that you can't give a "flat rate" unless it's under actual cost. Pretty sure, based on what I learned.