ethics and abiding by the law in building a clone

[coffee-sipper]

I have a vintage effect that is a really great tool for shaping my tone. However this effect is no longer produced. I feel that other bassists would benefit from the effect being available and I have reproduced the circuit. I would like to make a couple to give to some friends and sell the rest to people I know. What is involved in making sure I am not stepping on anyones toes or breaking the law?

[R.G.]

If the effect is over 20 years old, it is likely that any patents on the circuit have expired, if there ever were any for that circuit.

Copyright essentially never expires (as witness the US Congress extending copyright protection so that Mickey Mouse would still be protected) so any board layouts or artwork in the painting/graphic sense are still covered - if the company that made the thing is still around, or if the company that made the thing sold off its assets to someone else, like Dunlop.

Trademark never expires until the company does, but it can be bought by another company, like copyright.

So - if you reverse engineer the circuit, do not use the graphics of either case or board layout, and don't use the trademarked logos, etc. of the original effect, and don't commit fraud by representing your work as the original, it's likely that you can make as many clones as you like.

Toe-stepping (in this sense) is not protected by law, only by your conscience. If a circuit is not patented and you don't infringe copyright or trademark, you can do as you like regardless of whose feelings you hurt. Literally stepping on toes intentionally is assault and battery, of course.

I am not a lawyer. If you are worried about the legal consequences of what you do, you should retain a lawyer skilled in the areas of law you are concerned about.  There is not and cannot be any other good legal advice from a public forum.

Your mileage may vary.

[LinuxMan]

Hi.

This may provide useful info: click.

Cheers
LM

[toneman]

clone the circuit NOT the pcb.
re-layout your own pcb.
rename it something else.
if it's over 20yrs old,
someone else is probably selling a clone of
it under a different name anyway.
bass effects have less of a market.
the FX pages all the time refer to EH, Ibanez,
BOSS, Dunlop etc etc, and these guys are *still* in business.
What's the circuit?

[coffee-sipper]

Thanks. For the info.  I am big into karma and I really don't want any one to get mad about something I do.  I have looked around and no one is selling a direct clone of this product but there are a couple that are kinda' similar.  It is vintage (very) and would be modified to be true bypass w/ led.  I think what I may end up doing is combine it with another vintage effect circuit into one box with a 3way toggle for both effects one effect then the other.  That way it'll be like nothing else.  The problem I have had in the past with stuff (I work in Agriculture - plant disease monitoring) is I have come up with some totally cool and simple to track weather variables and all of sudden someone has the exact same thing (parallel development).  Let me get everything worked out before I unveil it.  Is anyone a willing bass playing beta-tester?
Thanks,
Charles

[David]

I'm a bassist, but you gotta tell me what it is before I know if I'm willing or not.

[Bent Penguin]

Is anyone a willing bass playing beta-tester?
Thanks,
Charles

Oooh, that would be me!    I play fretted and fretless 5 strings and depending on what the effect is could be very interested in testing it.

[Jason Stout]

I'm a bass player, PM me if you need to.

[mikeb]

I'm a willing bass-playing tester, but I'd only DIY, not buy one. Are you going to make the build info available to people?

Mike

[coffee-sipper]

- it is an overdrive/fuzz that is optimized for bass with a second stage bass boost.  I have some issues to work out currently with switching.  Everything is on perfboard as well since I will need to draw up something for transfer to PCB (which I have never done).

[mikeb]

I can help out with the PCB layout, if you like. Discreetly too!  :twisted:

Mike