Rules regarding selling Parts-casters!!!!!

imalone

fretmeister said:

imalone said:

fretmeister said:
Disclaimer = still illegal.

I'm always amused by the Youtube descriptions with "no copyright infringement intended".

Now this is different, mostly because of the USA.

The USA has quite open "fair use" allowances, and most countries also have quite wide ranging (but different) allowances for reporting and parody.

Think of it this way - you are writing an article about a book you read. You can quote directly from the book without difficulty if the amount is modest... but if you quote ALL the book...

The global reach of the web makes it damn difficult to decide what breaches what and where!

Yes, however I tend to most often see it on full music videos (or album tracks with a picture added) that people have posted, rather than parody or review extracts. I don't know quite what they think the disclaimer does.

fretmeister

Aye. It's as stupid as that Facebook disclaimer that mentions the Rome Statute - which actually set up the International Criminal Court to deal with crimes against humanity.

Facebook isn't quite that bad yet!!

Jalapeno

I don't know - all those scares that are already refuted by Snopes, and anti-vaccination/chemo-treatment nutters are crimes against humanity IMNSHO !

TTony

fretmeister said:

Cyberlawyer did an excellent and comprehensive review (it is his area of practice) and confirmed it. Wrong logo = illegal. Disclaimer = still illegal.

About halfway down this page, if anyone wants to read the background ...

MattFGBI

Last time I checked we don't sell decals....

Bogwhoppit

MattFGBI said:

Last time I checked we don't sell decals....

Correct.

But you do give them away free to an authorised repairer once Fender have been assured the guitar the decal is intended for is genuine, and the work carried out to your stipulation.

In answer to @lamf68 point when he says " It has always been my understanding that if a product is licensed by Fender you can slap a Fender decal on it and sell it as such", that's is incorrect. I don't want to labour this, but I was involved in legal action over a Fender guitar, the judgment is clear, concise and been tested in a UK court.

 

A partscaster cannot have a Fender decal added and be sold as a Fender, equally, there are issues if you use all Fender genuine parts from other Fender guitars, that is without its own unique product code.