Byrdie Posted September 21, 2014 Report Share Posted September 21, 2014 I just can't sell, give, or let it leave my sight ever Copyright prevents you from profiting from it and then only the written description. Copyright is a publishing tool. Design is patented or trademarked. You can make all the gifts you like. And as stated many times, this design and concept is fundamentally as old as the hills. He can copyright the written instructions. He can't trademark or patent a design that fundamentally isn't his. Quote Link to comment Share on other sites More sharing options...
Indy Cindy Posted September 21, 2014 Report Share Posted September 21, 2014 Copyright prevents you from profiting from it and then only the written description. Copyright is a publishing tool. Design is patented or trademarked. You can make all the gifts you like. And as stated many times, this design and concept is fundamentally as old as the hills. He can copyright the written instructions. He can't trademark or patent a design that fundamentally isn't his. So how does something like Tae Bo fit into this? Martial arts and kick boxing are as old as the hills. Yet Billy Blanks trademarked Tae Bo and gyms are not allowed to use the term Tae Bo without paying a licensing fee. Maybe one can't use this guy's term Sounding Bowl? Dan-did he tell you what he would charge if a person wanted to make these and sell them? Some of you have said many bowl lyres are being made and sold currently. Can you point out any sources for them? I'm curious, I think they are intriguing. Quote Link to comment Share on other sites More sharing options...
wouldwurker Posted September 21, 2014 Report Share Posted September 21, 2014 Cindy. The gym is still a for-profit entity, as such using the term Tae Boe, the trademark, or trade dress would be a infringement of the intellectual property. Technically, a non for profit couldn't use the term Tae Boe either. Of course it still comes down to whether or not the Tae Boe folks send a cease and desist. If I ran 'average joes' local gym, and used the term Tae Boe, it's unlikely they'd even know. Using the same example, I could do all the Tae Boe I want in my own house and not give Billy Blanks a dime ( of course , if he showed up at my front door he can have whatever he wants!). Funny story, there a mom and pop ice cream shop in Stone Harbor, NJ called Springers. The Hershey corp sent them a cease and desist when a web search returned a flavor called Heath Bar explosion (or something like that). So they framed the letter and changed the name of the flavor to 'Cease and Desist'. 2 Quote Link to comment Share on other sites More sharing options...
Rick A McQuay Posted September 21, 2014 Report Share Posted September 21, 2014 So how does something like Tae Bo fit into this? Martial arts and kick boxing are as old as the hills. Yet Billy Blanks trademarked Tae Bo and gyms are not allowed to use the term Tae Bo without paying a licensing fee. Maybe one can't use this guy's term Sounding Bowl? Dan-did he tell you what he would charge if a person wanted to make these and sell them? Some of you have said many bowl lyres are being made and sold currently. Can you point out any sources for them? I'm curious, I think they are intriguing. I was mistaken, it was the same guy, different website. 1 Quote Link to comment Share on other sites More sharing options...
duckkisser Posted September 21, 2014 Author Report Share Posted September 21, 2014 I didn't realy ask about the copyright when I go to buy the instruction I'll get details then. Probably the guy has not got a copyright on the musical instrument but rather on the name or on the technique of the string in the hole possibly on the construction method. It's like comparing guitar and Gibson or tissue and Kleenex, Kleenex can't copyright tissue but they can copyright the name or even making tissue with lotion in it. 1 Quote Link to comment Share on other sites More sharing options...
Byrdie Posted September 22, 2014 Report Share Posted September 22, 2014 Still think we're confusing the term copyright with trademark. Copyright is what's done to "published" content, like a book, a magazine, a radio or television broadcast or the written word on a blog. A trademark is a descriptive term that is specifically attached to one product and clearly identifies it with the originator. The example of "Kleenex" versus tissue, "Band-Aid" versus adhesive bandage, "Q-tip" versus cotton swab are good examples. To answer Cindy's question about "Tae-bo," that's a trademarked term that is associated with a particular style of exercise. While it has its roots in martial arts, the way in which it is applied and the environment in which it's performed claim to have some unique qualities that the creator claims are specific to what he's selling. What he's really selling is the name - it's still an aerobic form of exercise. Wish I could remember but there was a specific example my brother and I were talking about the other day where a company sent a cease and desist letter (as in the Heath Bar example above) to stop using its terminology to describe an activity. Maybe the best example that fits our community is the Maloof chair. You might be able to build a Maloof style or Maloof inspired chair, but you will never be able to build a "Maloof chair." That name belongs to and is the property of the Maloof family. In the case we're discussing here, the designer of the "sounding bowl" may be able to trademark or even copyright the *name of his product and he might be able to patent some specific design improvements, but he would have a hard time winning an argument in court over the use of the basic form because it can be easily proved that some form of it existed before he began producing it. It would also be easy to make some minor tweaks to the concept to make it unique enough. Quote Link to comment Share on other sites More sharing options...
wouldwurker Posted September 22, 2014 Report Share Posted September 22, 2014 Well now I have to build a Maloof chair. You'll never catch me, Maloofs, bwah! (in Edward G Robinson voice) Quote Link to comment Share on other sites More sharing options...
Rick A McQuay Posted September 22, 2014 Report Share Posted September 22, 2014 Copyright can be applied to tangible items like furniture or instruments but it's difficult to enforce if the item has any utility (like a chair can be sat upon or an instrument played). For example, you can copyright a specific design within a piece of furniture (like an inlay) but usually not the design of the furniture itself. Specific to this instrument, even if he did "invent" it, it has clear utility and is a reorganization of prior concepts. In my opinion, a copyright would be impossible to enforce. Copyright is the easiest form of IP protection, anyone can claim copyright protection but that does not make it true and only a federal judge can decide so often it comes down who can afford legal bills the longest. When people start paying for a "license" it strengthens his position that he has a legitimate copyright. Quote Link to comment Share on other sites More sharing options...
Indy Cindy Posted October 3, 2014 Report Share Posted October 3, 2014 Dan, Do you have any updates about this? Quote Link to comment Share on other sites More sharing options...
duckkisser Posted October 3, 2014 Author Report Share Posted October 3, 2014 No I don't I probable won't have time to make this bowl till after the new year I am working on fixing up my first home need to paint the house, fix the kitchen, rip up carpet, redo the bathroom and get the garage set up to be a wood shop. Which in itself is a task. So ya don't plan on making frivolous projects till then. Quote Link to comment Share on other sites More sharing options...
Indy Cindy Posted October 3, 2014 Report Share Posted October 3, 2014 Oh, wow! Congrats on the house! Did you get the plans for the bowl or are you going to wait until you're ready to make one to do that? Quote Link to comment Share on other sites More sharing options...
duckkisser Posted October 3, 2014 Author Report Share Posted October 3, 2014 i plan on ibuying it sometime im just waiting till i have the time in the mean time ill just focus on the house Quote Link to comment Share on other sites More sharing options...
Bombarde16 Posted October 4, 2014 Report Share Posted October 4, 2014 Latecomer to the thread but two things jump out at me: - The tuning pins in the firsts photo are standard zither pins with what look like a custom knob on top. Zither pins are cheap and plentiful. - A bowl that thick isn't going to resonate like a soundboard. All you can hope for is that a.) the shape will reflect/focus the sound of the strings back out at someone nearby and b.) it will reflect energy back onto the string itself, helping with a little sustain. That suggests choosing a hard, dense wood. Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
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