Is there such a thing as ukulele design copyright?

Vespa Bob · May 26, 2015

Forgive me if this is a question that has been dealt with before, but I can't help wondering if one builds facsimiles of a manufacturer's instrument and sells them, would one be guilty of some type of copyright infringement? I know that it is being done, so I suppose the answer is no, nonetheless, I would like to hear a definitive answer if there is one.

Bob

itsme · May 27, 2015

Vespa Bob said:
Forgive me if this is a question that has been dealt with before, but I can't help wondering if one builds facsimiles of a manufacturer's instrument and sells them, would one be guilty of some type of copyright infringement? I know that it is being done, so I suppose the answer is no, nonetheless, I would like to hear a definitive answer if there is one.

I'm not sure if copyright is necessarily the right term. Certain things can be patented, others qualify for a registered trademark, etc.

The problem is that most knockoffs are made overseas. China, for example has shown blatant disregard for intellectual property. Trying to enforce your IP there is difficult if not impossible.

mketom · May 27, 2015

itsme said:
I'm not sure if copyright is necessarily the right term. Certain things can be patented, others qualify for a registered trademark, etc.

You're right, a copyright would not apply, but you could get a Design Patent for a unique form or feature shape. For example, Koaloha could apply for a Design Patent for the uniqueness of their Lisa Simpson headstock shape.

itsme · May 27, 2015

mketom said:
You're right, a copyright would not apply, but you could get a Design Patent for a unique form or feature shape. For example, Koaloha could apply for a Design Patent for the uniqueness of their Lisa Simpson headstock shape.

Well, I do recall a thread here about some foreign manufacturer copying Moore Bettah's distinctive inlays and it caused quite a stir.

Dwjkerr · May 27, 2015

Interesting question, and it may depend on what you are copying.

http://nalu-music.com/?page_id=33

tobinsuke · May 27, 2015

Dwjkerr said:
Interesting question, and it may depend on what you are copying.

http://nalu-music.com/?page_id=33

Interesting info in that link. Thanks for posting that.

mzuch · May 27, 2015

This is happening in the mandolin world: http://www.mandolincafe.com/forum/showthread.php?115952-Gibson-Trademarking-the-F-5-Body-Shape&highlight=patent

Gibson, which invented the F-5 mandolin shape more than 100 years ago, is now attempting to trademark/patent the shape. The shape has been used by luthiers outside of Gibson since the 1920s. Gibson's current ownership is not known to be the friendliest in the musical instrument industry.

Vespa Bob · May 27, 2015

Thanks to those who responded. I'm now somewhat informed, but let me be more specific concerning my question. When i first saw a 1920's Favilla teardrop soprano, I fell in love with it's shape, so I decided to build myself a copy. That was followed by another and another. I then sold two of them to interested buyers. Since the Favilla factory closed down in the 50's, have I broken any laws by selling copies of their instrument? I would like to continue building and selling this design, that is why I need to know.

Bob

Lori · May 27, 2015

My understanding, and I am not a lawyer, is that even if you have a Patent, it is valid for a limited number of years. I believe it is 20 years, so you should be OK if you just copied the shape. In addition, after a patent is granted, if the additional fees are not kept up to date, the Patent can expire before that 20 year span.

–Lori

mvinsel · May 27, 2015

If Favilla had a patent on the teardrop shape in the 1920s, it is OK to make and sell them of the same shape today, as a design patent or a utility patent would have long ago expired.

The may well have had a trademark on the name Favilla and perhaps Teardrop Ukulele, and it's possible the heirs own these trademarks and might be interested if you were to label your uke a "Favilla Teardrop". I was to suggest a VespaBob Teardrop but that might be a trademark violation too.

The U S Patent Office has a useful patent lookup feature which includes design and utility patents. Not that many include the word ukulele - I found Sam Kamaka's 1928 pineapple quickly. Lot's of good info at http://www.uspto.gov/

-Vinnie in Juneau

Michael N. · May 27, 2015

Vespa Bob said:
Thanks to those who responded. I'm now somewhat informed, but let me be more specific concerning my question. When i first saw a 1920's Favilla teardrop soprano, I fell in love with it's shape, so I decided to build myself a copy. That was followed by another and another. I then sold two of them to interested buyers. Since the Favilla factory closed down in the 50's, have I broken any laws by selling copies of their instrument? I would like to continue building and selling this design, that is why I need to know.

Bob

Again, that teardrop shape is pretty standard for Cittern type instruments that go back way, way before Favilla was probably founded. If they got any sort of patent on it. . . . they were extremely fortunate. In fact it's quite obvious to me that they had seen a cittern type instrument and decided that the shape/method of construction would fit a ukulele.
In the real world I doubt you have the slightest thing to worry about.

http://www.studia-instrumentorum.de/MUSEUM/katalog_zistern.htm

That's just a tiny sample. There were a great many such teardrop shapes done on a great deal of such instruments. Slight variations on the same theme.
The only way you would break any law (IMO) is if you started selling them as genuine Favilla Ukuleles.

Is there such a thing as ukulele design copyright?

Vespa Bob

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itsme

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mketom

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itsme

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