Graphic Copyright???

[wibble]

Would original graphics on Charvel guitars be subject to copyright, even if potentially painted by the original artist? Who would hold the copyright, the company (Charvel) or the Artist (Dan Lawrence).

[Learn Guitars]

If the graphic were done by a Jackson employee...Then FMIC would hold rights. And if Dan or I did it, or any other subcontractor, then the individual said creators are owners of the intellectual property unless it has been agreed to be released for what ever reason.

[wibble]

In your opinion as a Jackson painter, would he be allowed to reproduce a graphic? I`m talking specifically the `treasure map`.

[JerEvil]

In your opinion as a Jackson painter, would he be allowed to reproduce a graphic? I`m talking specifically the `treasure map`.

I'm sure if it were changed "slightly" it wouldn't be an issue.

[rjohnstone]

The copyright owner can reproduce their own work at anytime unless they have licensed the particular work exclusively to another entity.

Jackson employees that create graphics are not the copyright holder since they are producing what is called "work for hire" material. In this case, the entity that has commissioned such work (JCMI or ultimately FMIC) is the copyright owner.

@JerEvil
You need to brush up in IP law and copyrights.
It would take more than a "slight" modification to pass legal muster if someone other than the copyright owner were to make a reproduction.
There has to be a distinct difference from one work to another so as not cause confusions as to the origin of said artwork.

[StukaJU87]

Dan Lawrence painted the Pile O Skulls graphic on my model 6 and it was no problem.

[MEX3]

How do you get ahold of Dan now that GMW isn't doing refins?

[JetFixxxer]

If I paint my own guitars and paint Eddy on my guitar is that a copyrights infringement?

It that is so whats the difference between that and purchasing a sticker and putting it on a guitar.

[rjohnstone]

Personal use is not restricted under copyright laws.
It's when you try and sell it. That's when it can get sticky. Each copyright holder has the right to set conditions of use for their material, so it can vary widely as to what you can and cannot do with a piece of copyrighted material.
Look at the Frenchie graphic for the DiMartini's... from what I understand, the copyright owner of the graphic refused to let it be reproduced.
Anyone doing reproductions can be sued by the copyright owner for infringement.
Not saying they will... just saying they can.

[UFORocks]

If I paint my own guitars and paint Eddy on my guitar is that a copyrights infringement?

If that is so whats the difference between that and purchasing a sticker and putting it on a guitar.

Well, I think the difference is that the sticker is an officially licensed reproduction of a piece of work for sale by the retailer to the general public. Basically, the owner gets their money when the sticker is sold.

By you reproducing the work yourself the owner isn't getting paid. Hence, you are 'stealing' the original work.

And because it is considered "intellectual property" it can be hard to estimate what the true value of that work actually is. So thanks to lobbyists, lawyers, politicians, etc. thats how you can be sued for thousands of dollars for various "infringements" that border on outright extortion and robbery.

-Steve

[StukaJU87]

How do you get ahold of Dan now that GMW isn't doing refins?

It was done while Dan was at GMW.

[wibble]

Ok, well before i start, i`d just like to make it clear i`m not after ripping off anyone elses work hence my original question. Wondering IF the images where copyrighted and if so who holds it. My next question would of been about how to go about getting permission to reproduce it.

Basically, since i saw the `treasure map` pics from NAMM i`ve really fallen in love with that graphic. I have a few bits of gear in a local shop, and should be in a position soon (hopefully depending on sales/final cash price) to be able to get a USA Charvel. I can`t afford a custom shop, nor could i have afforded either of the `treasure maps` that have recently sold. $5k is just far too much. Cash i`m expecting to have it ~£1-1.2k so about $2-2.5k. Was hoping to get a USA Charvel to as near the specs i want, 2 hums, non recessed FR, strat head would be nice, but realistically i`m expecting a pointy. dot inlay, not sure on board type, ebony would be nice, but i don`t think it`d look right with the graphic. After sourcing/buying as close to what i`m after, i was considering a refin with the `treasure map` I`d not be looking to put the graphic on any other non Charvel guitar just trying to get something as close to what i`d like legally.

I wasn`t aware GMW no longer did refins, so that may pose a problem if DL owns the copyright. Have no idea on the history of the graphic, wether its DL`s own, or a regular finish applied to older Charvels so any further info would be greatly appreciated.

Another question, if i ultimately get what i want, and get the headstock refinished too, with permission, would i be able to get new decals to replace the old ones. Would Charvel possibly supply these? As stated previously, i`m not trying to represent something as anything other than what it truely is, that being a beautiful guitar with a beautiful finish that ISN`T (afaik) an artist replica but is something they`ve made previously.

[markD]

good luck on the decal. charvel won't give you one - at least they wouldn't before.

[RacerX]

How do you get ahold of Dan now that GMW isn't doing refins?

Very carefully! :ROTF:













J/K, he is a member here

[Dreamland_Rebel]

as long as you change it by 20% you will not be legally liable for the similar artwork.