Is my homemade Jem considered a counterfeit? - Jemsite
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post #1 of 35 (permalink) Old 04-24-2011, 09:28 PM Thread Starter
 
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Is my homemade Jem considered a counterfeit?

I saw this, http://www.ibanez.co.jp/world/Counte...ing/index.html , and it got me thinking.
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post #2 of 35 (permalink) Old 04-24-2011, 09:37 PM
 
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Re: Is my homemade Jem considered a counterfeit?

Welcome to the gray are of "Tribute" versus "copy"!!! LOL

This is a topic that could be debated until time comes to an end, but I think that the general consensus here on jemsite is that if you built it to be your own "personalized" Jem and that you have to intention to try and sell it as an original....... Then you have a "tribute" guitar that we all will applaud you for (mostly because we all either have a tribute or plan to build one in the future ourselves.)

If your only plan is to copy a Jem and attempt to sell it to some unwary buyer as the real thing.......Then your a counterfeiter and will be lashed til your dying breath!!!...LOL
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post #3 of 35 (permalink) Old 04-24-2011, 09:40 PM Thread Starter
 
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Re: Is my homemade Jem considered a counterfeit?

Quote:
Originally Posted by RGTFanatic View Post
Welcome to the gray are of "Tribute" versus "copy"!!! LOL

This is a topic that could be debated until time comes to an end, but I think that the general consensus here on jemsite is that if you built it to be your own "personalized" Jem and that you have to intention to try and sell it as an original....... Then you have a "tribute" guitar that we all will applaud you for (mostly because we all either have a tribute or plan to build one in the future ourselves.)

If your only plan is to copy a Jem and attempt to sell it to some unwary buyer as the real thing.......Then your a counterfeiter and will be lashed til your dying breath!!!...LOL
Duly noted! Yeah this guitar is just for me and will never be sold.
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post #4 of 35 (permalink) Old 04-24-2011, 09:47 PM
 
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Re: Is my homemade Jem considered a counterfeit?

Scare tactics from ibanez ftl.

anyway, as long it doesnt have an ibanez serial number it can not be considered a counterfiet copy. You can be sued if you try to sell it with a head stock decal for likeness rights, but that wouldnt happen either unless you started making more then one

I wouldnt sweat it man.
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post #5 of 35 (permalink) Old 04-24-2011, 10:41 PM Thread Starter
 
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Re: Is my homemade Jem considered a counterfeit?

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Originally Posted by linuxpenguin View Post
Scare tactics from ibanez ftl.

anyway, as long it doesnt have an ibanez serial number it can not be considered a counterfiet copy. You can be sued if you try to sell it with a head stock decal for likeness rights, but that wouldnt happen either unless you started making more then one

I wouldnt sweat it man.
It'll have a logo, but no serial number.
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post #6 of 35 (permalink) Old 04-24-2011, 10:48 PM
 
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Re: Is my homemade Jem considered a counterfeit?

As long as EVH doesn't have a patent on it your safe.
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post #7 of 35 (permalink) Old 04-24-2011, 10:59 PM Thread Starter
 
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Re: Is my homemade Jem considered a counterfeit?

HAHAHA!
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post #8 of 35 (permalink) Old 04-24-2011, 11:09 PM
 
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Re: Is my homemade Jem considered a counterfeit?

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Originally Posted by CosmicDebris View Post
As long as EVH doesn't have a patent on it your safe.
Or Metallica.............
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post #9 of 35 (permalink) Old 04-24-2011, 11:11 PM
 
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Re: Is my homemade Jem considered a counterfeit?

I wouldn't sweat it dude. I had the same conundrum a few months back with my custom that's currently getting built. To use the Ibanez decal or not to use the Ibanez Decal, that is the question.

After much consultation in here, what RGfanatic says is basically the go. I had to apply my own decal to the custom I'm having built as the luthiers tend not to want to go into that minefield. That was no problem.

Personally, I don't think Ibanez would care about us as a community building customs. Imitation is the highest form of flattery. It's only when you try to make profits from non-comissioned items that you'll get your arse sued..... especially if you're churning out a heap of them.

Carry on and build the thing. I had to have Ibanez on mine. It just wouldn't have been the same without it although I know in my mind that it's not...... it is a tribute to Ibanez and the worlds greatest guitarist, Steve Vai.
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post #10 of 35 (permalink) Old 04-24-2011, 11:18 PM
 
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Re: Is my homemade Jem considered a counterfeit?

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Originally Posted by Macka View Post
I wouldn't sweat it dude. I had the same conundrum a few months back with my custom that's currently getting built. To use the Ibanez decal or not to use the Ibanez Decal, that is the question.

After much consultation in here, what RGfanatic says is basically the go. I had to apply my own decal to the custom I'm having built as the luthiers tend not to want to go into that minefield. That was no problem.

Personally, I don't think Ibanez would care about us as a community building customs. Imitation is the highest form of flattery. It's only when you try to make profits from non-comissioned items that you'll get your arse sued..... especially if you're churning out a heap of them.

Carry on and build the thing. I had to have Ibanez on mine. It just wouldn't have been the same without it although I know in my mind that it's not...... it is a tribute to Ibanez and the worlds greatest guitarist, Steve Vai.
just be careful not to unintentionally build a guitar that would put anything Ibanez has ever done to shame and end up embarrassing Ibanez as a whole.....Right Macka?? LOL.

Just kidding.......... but once in about every decade, someone designs a "tribute" guitar that is SO much better than what I've ever seen from Ibanez that it deserves all the mention one can muster up!!!
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post #11 of 35 (permalink) Old 04-24-2011, 11:29 PM
 
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Re: Is my homemade Jem considered a counterfeit?

Wow, Cheers RGTFanatic. I like my design a lot and so do others by the looks of it, probably even more than I do.

My only regret is that I own a 7VWh, a black les Paul Standard and soon this Black and White monstrosity. What's missing here?....... some color.

I reeeeaaaaallllly want a swirl universe next..... a UVMC or a copy of one from the luthier I'm using. My ultimate dream guitar with the PAW swirl.
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post #12 of 35 (permalink) Old 04-24-2011, 11:39 PM Thread Starter
 
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Thumbs down Re: Is my homemade Jem considered a counterfeit?

I toy'd with the idea of having no logo or a different logo but just couldn't help but feel like it HAD to have the Ibanez logo on it.

And as RGT pointed out..., Macka your custom is unreal and possibly the coolest one I have seen.
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post #13 of 35 (permalink) Old 04-25-2011, 11:05 PM
 
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Re: Is my homemade Jem considered a counterfeit?

As far as I'm concerned if you have no plans to sell it, as an original, you're fine.

If you're building it just for yourself you're golden.


The second you try to sell it though...you should take the Ibanez decal off, and make sure everybody knows it has nothing to do with Ibanez. Although It seems like that won't be an issue to you.

I don't even see a gray area. If you aren't trying to make money off it and use it for personal gain or blah blah blah, it's not a tribute or a copy or whatever. It's just your guitar.
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post #14 of 35 (permalink) Old 04-26-2011, 08:04 AM
 
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Re: Is my homemade Jem considered a counterfeit?

I'd add that even if you sell it, as long as you make it clear that it is a replica, you're fine in my book. I've yet to see a replica/tribute that sells for even close to what it cost to build. They're always fairly obvious as non-factory guitars.
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post #15 of 35 (permalink) Old 04-26-2011, 08:31 AM
 
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Re: Is my homemade Jem considered a counterfeit?

So how do luthiers go who make high quality copies of RG/Jem etc series guitar? They are still using Ibanez IP to build copies of the guitar. Just because it doesn't have the Ibanez logo on it doesn't mean you haven't copied their [Ibanez] product. Thats like Ibanez just using the Floyd Rose Tremelo on their guitar, not putting a logo on it and saying' 'it's ok, it doesn't have your logo on it', so we don't need to pay for use of the patent . Or me writing a song and changing the name of it and then calling it a tribute - I am pretty sure it would still infringe copyright, in whole or in part.

I think Ibanez would care that we, 'as a community' are building copies of their product. We would likely be their key target market - most of us have multiples of their product and would like to buy more, so the makers of replicas are taking away from their [Ibanez's] market.

The irony is, is that as far as I am aware, Ibanez itself started out copying other manufactures products itself, so maybe they have nothing to complain about......

-Wolfram
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