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DIY Stompboxes => Building your own stompbox => Topic started by: blooze_man on April 02, 2010, 06:42:54 PM

Title: Copyright?
Post by: blooze_man on April 02, 2010, 06:42:54 PM
I've been thinking about trying to sell some pedals to some local players and maybe start my own brand. My question is: how far does a copyright on a circuit go? If I was to change out a few components and maybe add a mod or two to a circuit, can I build and sell them as my own? Most "boutique" pedals out there are basically clones of another pedal anyway.
Title: Re: Copyright?
Post by: The Tone God on April 02, 2010, 07:17:05 PM
This is topic that gets beat around here all too often. Your welcome to do a search for similar topics which there will be a plenty.

To take the emotional / ethic aspect out of this and just get down to legal bare bones some explanation is need as there is alittle confusion as what legal system provides what protection.

Copyright only affects artwork like the PCB design and pedal finish / image. You don't need to register a copyright but it does help make your case stronger if it comes to legal action. This is the weakest type of legal protection for products. You cannot copyright a circuit design.

Then there is trademarking your brand name and/or trade dress (the look of your products). You need to register this and it cost money but then no one can use your name or make products that look like yours. This helps protect your product's identy. You cannot trademark a circuit design.

A circuit design can be patent but that is a long (years) and expensive process (thousands). Just making a few changes to circuit will not mean the circuit is patentable so all that money and effort might be for not. IMHO generally not worth it.

If you are just selling a few piece I wouldn't worry about any of this.

Andrew
Title: Re: Copyright?
Post by: MikeH on April 03, 2010, 11:41:19 AM
Searching will yield TONS of posts, but this is a great article at AMZ: http://www.muzique.com/clones.htm (http://www.muzique.com/clones.htm)
Title: Re: Copyright?
Post by: TELEFUNKON on April 04, 2010, 01:54:41 AM
also do a search with the keywords: "another", "flower", "blooms", or "blooming"  :icon_wink:
Title: Re: Copyright?
Post by: Electron Tornado on April 04, 2010, 02:40:42 AM
This question comes up every so often. The Tone God Andrew gives good advice. Here's my take on it:

http://www.diystompboxes.com/smfforum/index.php?topic=82344.msg683152#msg683152 (http://www.diystompboxes.com/smfforum/index.php?topic=82344.msg683152#msg683152)