#1
Hello,


I've made a few Strats and a Tele. I've kept one for myself and gave a couple away as pressies - but i'm in the middle of a particularly nice looking one (a purple-stained flame-topped Tele) and i'm wondering what issues would arise if I decided to sell it.

There is no Decal on the headstock - but it is very clearly a Fender copy.

would their be a copyright infringement If I sold it? Its an expensive hobby putting these things together - but I don't want to get in trouble.
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#2
No, considering you bought the parts to put it together. It'd be wrong to sell it as a Fender Telecaster original though. That's false advertising.
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#3
Nah, if there's nothing on the headstock, you should be fine.
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#4
Great!

So, I have a beautifull Purple-Stained Flame-Topped Telecaster replica, 100% hand carved and finished, with the best fittings money can buy. Who wants to buy....?


Thanks guys.
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#5
Its not illegal if you clearly market it as something you built, in a tele style. Just don't advertise it as a fender..

But with that said , im not a lawyer, nor is anyone here. Any advice we give you here has no guarantee of being 100% right, and if you're really concerned about it, see someone irl who went to school for this kind of thing
#6
you should be fine as long as you don't sell it as a fender, you should be fine even if you put a fender logo on as long as you say it's a replica
#7
You should be fine unless some jerk from Fender catches wind of it and decides you copied the headstock or something.
Quote by britishsligean
you should be fine even if you put a fender logo on as long as you say it's a replica

This, on the other hand, could get you in trouble. I'm fairly certain this is illegal, even if you sell it as a hand-made replica that isn't from or licensed by Fender.
#8
Depends how close the specs are.

If dimensions were EXACTLY the same the yes I would guess they probably could scare you with a cease and desist letter.


In the real world though they arent ever going to notice a small time builder making a couple of replicas, let alone confront them, they have bigger fish to fry.




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Last edited by Absent Mind at Aug 13, 2010,
#9
Quote by britishsligean
you should be fine as long as you don't sell it as a fender, you should be fine even if you put a fender logo on as long as you say it's a replica


You have to pay Fender to have a tech put the logo on and the make sure that it is a quality item. But after that you probably can't sell it.
#10
Quote by britishsligean
you should be fine as long as you don't sell it as a fender, you should be fine even if you put a fender logo on as long as you say it's a replica
No.

Quote by Absent Mind
In the real world though they arent ever going to notice a small time builder making a couple of replicas, let alone confront them, they have bigger fish to fry.
This ^

It's still illegal as hell to sell a fake strat with a Fender logo on it.
And saying that it's a fake does NOT make the sale legal.
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#11
there are these people called lawyers, that, you know, are paid to know the law.

go ask one.

we are just a bunch of random people on the internet you know nothing about. people are on here posting things that are flat out wrong. what Absent Mind said is correct as far as i am aware, but i would still consult a lawyer if you are serious about it.
#12
from my understanding fender never got copyrights on their bodies for the tele and the strat, I could be wrong though, either way a couple of small changes to the body shape would put you in the clear legally.
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#13
A few years ago, I wrote to Fender and asked them about the legal concerns regarding building guitars with the Fender head (and body) shapes.

They told me that as long as the head is not rebranded (in otherwords, as long as you do not put your own - or a Fender - decal on it) then there is no problem. You should also state in any advert that the head shape/design is owned by Fender.

Unfortunately, I do not have the letter anymore, but if you are serious about selling guitars long-term that replicate Fender designs then it might be worth contacting Fender yourself.
Last edited by lostcreation333 at Aug 13, 2010,
#14
You can have the body shape with no problem. The Fender Tele and Strat headstock are where you would get in trouble. They are copyrighted, so as long as you don't copy the headstock exactly or put a fender decal on it you are fine.