I thought of starting an online petition, regarding the repurposing practices in the DIY/craft community. I follow several CBG Facebook pages and groups. Once in a while, someone posts a pic of a Jack Daniels tin guitar. Someone usually brings up copyright laws and letters that folks have recieved about this. If there's anyone who haas experience writing online petitions, that go to Washington, after a certain deadline, let me know. If anyone is interested in this, let me know. We can all work together to fix copyright laws. Thanks.

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Gitty (Ben) can provide the details, but generally utilizing a container like a tin or cigar box is not a problem.  The trouble was using a Jack Daniels sign as a soundboard for a guitar.  It is a trademark/license issue.

Practically, I don't think Jack Daniels or any other company has any real interest in suing people over this.  However, if they don't defend their trademarks, then they essentially give up the protection offered by USPTO.  That means some low-level corporate lawyers have to scour around and write letters to accomplish that.

I know of a few examples that have gone to court like Harley Davidson suing another motorcycle manufacture because they used the word Hog or Hawg - can't remember which.  My recollection is that Harley lost that one.  But it's just what they have to do.

Gitty's post is excellent. Maybe I should hang it on the wall next to his CBG Manifesto...

My take away is to increase my use of the (questionable) word "upcycled." No corporation wants to be creating packaging that clogs landfills and how could they object to the politically correct "upcycling" of the unfortunate detritus of their greedy capitalism? I think you could defend upcycling in the popular press and social media.

Sadly, Dustin, I'm too cynical to believe that a petition will lead to a solution. As outlined by the various writers here, the problems are complex and difficult to resolve.

That certainly doesn't mean that each of us should not email our federal-level representatives and senators requesting ongoing revision (and relaxing) of the unfortunate US laws governing intellectual property--both copyright AND trademark. It's the moronic copyright restrictions that do the most harm to creative musicians while profiting only the large corporations--many of whom reside outside the US.

when one includes , and looks at the   the   whole  bigger  picture   here ,  many times  other  things are at  play  .  for  instance  ;. Jack Daniels currently  has a contract   with  a guitar  company  for a licensed    Jack Daniels  guitar .  terms  of this  contract  may  include  exclusivity  .  thus  they   may not only  be  enforcing  their   copyrights  ,  but  are  bound   by  a law and a  contract themselves  .    

Saw Mikey playing one during the 1984 tour.

I can understand it being a problem if the name is used for a similar product - such as an inferior whiskey being called Jack Daniel's or even similar branding such as "Jock Daniolz" with the same design (not a real brand as far as I know).

A CBG built around the theme of Jack Daniel's for example is giving them free advertising, doesn't compete with the product on sale and it seems a missed opportunity to raise the profile of the product if they go after this group of people.

I suppose it helps to keep people in work - one group to chase and stop the public displaying the brand, plus one group to advertise the brand to the public. As outlined above the issues around this must be more complex.

the bottom line/summary of Ben's experience is this: he had hassles when he was making guitars from merchandise, not repurposed packaging.

As he says there, when it comes to repurposed packaging his advice is that the law is untested.  How many thousands of instruments have guys made here with somebody's trademark on a repurposed package?  thousands.  Just do it.  If you do get sued you'll be the first.  Just don't be mixing a cohiba trademark with a swastika sound hole or a couple of nubile swedish backpackers double ending a banana because then you clearly would be asking for trouble, and this is exactly why the trademark owners do have some rights and it is a grey area, there are things that you might do which would make their product look bad.

advertising  is all well and good  ,  but advertising  someone elses  product  and design   to  sell  YOURS , or passing it  off as   yours   or  making it look  as  being "sponsored  by"  or affiliated   with , to sell  yours ,  (or seeming so  )   is where the main  problem  lies . 

nobody is going to  pay  (or continue to pay )  JD  "X" sum  of  dollars for  licencing  ,  when  they  let any  Joe Blow steal it  for  free . and do  the  same .

the  "sale  "  is what  causes  the most  legal issue  here  ,  most  companys don't  care  if  you   ie: "make a guitar  with  their logo    on  it " .  the  problem arises  when  you are  making it  to  sell.  

then , beyond  the  selling  issue ,   you  get  into product  recognition    ,  reputation  ,   quality  control , and  affiliation issues  . 

if  someone  makes a  JD  guitar   , and  as  it  turns out  ,  the   oil  used  on the neck  seeps  into  your  skin and  causes  skin  cancer    etc ..  and  many  folks die  from it  ,   JD's  name   goes down  with it  .and they are not  insured against  it. 

etc etc .   this  may actually  cost  the company  more  money  in ad campaigns    announcing "  not  affileated   with"  and damage  control ads....... even  before hand .

or , if a company  is  green  and    is against animal  testing     or  etc .etc....  and  your  product  is the opposite  ,  they  wont  want that implied   affiliation  . 

etc etc etc etc  .. 

"proud sponsor"  carries alot  of weight  . 

i'm  sure  you  wouldnt want  your  name on  something   you  havent  checked  out  thoroughly ,  or are   you dead against  .    etc etc .   or someone making money  off your  brand /  name  /  design  ...  and    you  getting nothing  . 

another  thing to  consider when  writting petitions  ..: 

A stoner   grows   pot  in    his back  yard  because  he   figures   it should be legal  ,  starts a  petition  ,    ,  stoner  now  gets  raided   and  busted    every  week  .  and monitored    ( along with all  his contacts / websites  on the petition he supplied) .

:-/

Never mind about the petition. I'm sorry I posted this. Didn't think about it that way.

Oh don't regret it mate if it got some interesting responses, not at all.

I wouldn't be sorry.  The takeaway is that it probably isn't necessary.  Ben probably got attention because he runs a good size e-commerce site along with a community website or two (or however many) and has an Amazon webstore too.  Pretty easy to see the spotlight.  Some individual builder making their own theme guitar, or eve selling the odd one or two likely won't get any attention at all so long as it isn't passed off as endorsed, sponsored by or affiliated with the brand.

For an example, I have made several Milwaukee Sawzall tool box guitars.  One is being played professionally on stage and one is my main player.  Milwaukee Tool in the US, Australia and Asia are all over my Instagram page - usually throwing in a like or a comment.  If they felt like me repurposing their container to make a guitar where I prominently mention and display their logo was a trademark infringement (or one they were concerned about) then I'm sure I would hear about it directly.  I try to be careful to call my guitar a "Milwaukee Sawzall Box Guitar", not a "Milwaukee Sawzall Guitar."  I still should probably use a Trademark recognition.

So keep using the tins, boxes, or whatever.  Just don't put them up on Etsy, Amazon, CafePress, (probably Ebay) or another big e-commerce site, and don't pass them off as affiliated with the corporation.

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