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Post subject: How can a company copyright a headstock...
Posted: Mon Sep 26, 2011 2:59 am
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...but not the body shape? Where is the distinction made? It would make sense if a company can copyright a headstock shape then they could copyright the body shape. What's the difference?


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Post subject: Re: How can a company copyright a headstock...
Posted: Mon Sep 26, 2011 3:01 am
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I don't know. But Strats are some of the the most copied guitars out there.

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Post subject: Re: How can a company copyright a headstock...
Posted: Mon Sep 26, 2011 3:08 am
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Buxom wrote:
I don't know. But Strats are some of the the most copied guitars out there.


The Stratocaster is THE most copied guitar out there. It's not even close. I'd say something like 85% of non-Fender guitars are shaped at least vaguely like the Strat. And for good reason, it's quite possibly the perfect shape for the guitar (Teles are up there as well.)


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Post subject: Re: How can a company copyright a headstock...
Posted: Mon Sep 26, 2011 5:51 am
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Companies can make Strat shaped guitars, but not spot on copies. They might change the curves a little, but if they want to make spot on copies they will need to pay Fender a rental like fee.


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Post subject: Re: How can a company copyright a headstock...
Posted: Mon Sep 26, 2011 8:44 am
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Is this where the headstock design came from??

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Post subject: Re: How can a company copyright a headstock...
Posted: Mon Sep 26, 2011 10:27 am
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bugo wrote:
...but not the body shape? Where is the distinction made? It would make sense if a company can copyright a headstock shape then they could copyright the body shape. What's the difference?


Okay, here's the deal - Fender as a company (and Leo Fender as an individual) held a patent on the Stratocaster headstock shape, body shape, electronics, hardware (particularly the trem bridge). However, patents expire; the Strat's patents expired 17 years after they were filed (assuming the filings were in 1953/54, they expired in 1970/71). FYI - in the USA the term of a patent changed from 17 years to 20 years for applications made after June 8, 1995 (per wikipedia).

At that point in time Fender (as owned by CBS; I'm sure that part of the sale agreement would have been for Leo to sign his personal rights over to CBS as well) determined to only seek a trademark (not a copyright) on the headstocks of their instruments. Their rationale (from what I've read) was that the headstock was the builder's "signature". At that time no other business or entity came forward to challenge the trademark application. Because they did not file for trademark protection for the body shapes, the body shapes were allowed to fall into the public domain when the patent expired.

When FMIC decided to apply for a trademark on the body shapes (and they only filed 2-dimensional line drawings, not 3-dimensional details) a few years ago the other people who were using Fender's shapes under the public domain challenged the trademark. Because Fender did not act until over 30 years had passed since their patents expired, their application was rejected based on the public domain arguments put forward by the group of other builders and suppliers (this included Warmoth, WD, Tom Anderson, John Suhr, and I believe 15 other parts suppliers and luthiers). Basically Fender let the horses out of the barn in the early 70s, then tried to get the great-grandchildren of those horses back into the barn.


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Post subject: Re: How can a company copyright a headstock...
Posted: Mon Sep 26, 2011 11:10 am
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Very interesting John C, thank's


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Post subject: Re: How can a company copyright a headstock...
Posted: Mon Sep 26, 2011 9:05 pm
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bugo wrote:
...but not the body shape? Where is the distinction made? It would make sense if a company can copyright a headstock shape then they could copyright the body shape. What's the difference?


You might want to read this:

http://www.premierguitar.com/Magazine/I ... spx?Page=1

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Post subject: Re: How can a company copyright a headstock...
Posted: Mon Sep 26, 2011 10:04 pm
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Without getting ridiculous, there are only so many shapes a guitar can be, but there is more variation available for the headstock.

This is especially true with acoustics--Gibson & Martin have had iconic acoustic headstocks for decades.

The Fender Strat & Tele style headstocks are also iconic--possibly even moreso than the body shapes.

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Post subject: Re: How can a company copyright a headstock...
Posted: Tue Sep 27, 2011 11:43 am
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Good summation, John. I was about to suggest the OP read the judge's
opinion in that case. OP should know that Warmoth is licensed to produce
a neck with the Fender headstock shape but not the logoscript which, is also trademarked.

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Post subject: Re: How can a company copyright a headstock...
Posted: Tue Sep 27, 2011 12:38 pm
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ZZDoc wrote:
OP should know that Warmoth is licensed to produce a neck with the Fender headstock shape but not the logoscript which, is also trademarked.


Licensed neck/headstock and bodies also, I might add... although redundent after reading Johns informative post.

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