Just curious if anybody has heard of any issues with this. Such as copying non traditional cuts on mouth calls and selling them?
Good luck
Sent from my SCH-I545 using Tapatalk
Was just curious. See a lot of small side hustle call companies now and didn't know if joe shmo call company copied a cut from let's say Woodhaven that is unique if they would get a slap on the hand
I am not an expert and don't mean to split hairs but I would almost think it would be a patient issue not necessarily a copy right issue. If they had a patient filed on the cut or call design they could come after you. With copy right, which applies to things like photographs, music, movies, writing etc., you don't have to file anything to have copyright protection. As soon as that work is created you as the creator own the copyright to that work. Registering with the copyright office affords you additional rights if the work is infringed upon and you are able to sue for statutory damages, attorneys fees and costs as opposed to just be able to recoup usage fees if the work is not registered.
Now another question, and perhaps more important, would be aside from if you would be sued or if they would come after you would be if it is ethical and moral to profit off of someone else's work?
I agree especially with the moral part. Piggybacking off of someone's hard work and making it yours isn't moral. Guess I should have been more clear in asking is a local kid I know that started making calls around the time I did is thinking about selling them. I personally build for just myself and friends but his calls look like he just through every big time callers websites and started cutting up some calls. Told him it probably wasn't the best idea but he's pretty stubborn. So it was just a curiosity if he had some legal stuff coming down the tube if he did start selling and catches the attention of a call maker.
There is really nothing proprietary about taking scissors to latex and I doubt a patent would be awarded for a certain "cut". Copying a cut or a pattern would likely not be enforceable. Also, a lot more goes into making a mouth call than the cut. Latex thickness, stack offset, side tension back tension, so it's unlikely your neighbor has actually reproduced the sound of the calls he is copying. If he has, he is very talented for just starting out. What is enforceable is trademarks, most big guys have trademarked the names of thier calls. Using thier names would likely bring trouble.
That would have to be patented, not a copyright.
Sent from my iPhone using Tapatalk Pro
Well...I could stand corrected here but I don't thing such things as "cuts" on a mouth call, shapes of box calls, slate/glass calls etc. can be patented. Now...names of calls are a different story. Seems to me I remember, back in the day, Dick Kirby patented the name "Boatpaddle" for his long boxes. Somebody else came out with a "Boatpaddle" and had to change the name.
If I have this wrong some please correct me;
Years ago Quaker Boy had to stop selling a boat paddle call named "Grave Digger", Primos had a call named "Grave Digger" first.
Figure that was a copyright issue.
That's pretty what I said. Not so much the making or design of the call as much as the naming of a call. If I made a box call and called it a "Whatchamacallit" and patented it nobody else could call their box call the same.
Quote from: wkyhunter on April 23, 2020, 03:43:29 PM
If I have this wrong some please correct me;
Years ago Quaker Boy had to stop selling a boat paddle call named "Grave Digger", Primos had a call named "Grave Digger" first.
Figure that was a copyright issue.
I believe it was actually the monster truck gravedigger that claimed infringement.