So I'm seeking some advice here guys...
I just listed my 7th Monty on eBay and I get an email from THE pamelina saying:
Dear anaponda,
I couldn't help but notice your Hendrix replica Strat for sale and the fact that you've sold at least 1 other one in the past.
My name is Pamelina H. and I'm sure you know that I painted the Hendrix's for Fender in 1997. What I painted for Fender was my version of Jimi's
original artwork, not an exact replica of Jimi's artwork as he painted it in 1967. You've been making and selling copies of my work without any
authorization from me. I understand if someone wants to paint one for themselves because they can't afford the original, but to go into commercial
reproduction copying someone else's work is unethical and illegal. I ask that you cease and desist.
If you want to make money painting guitars, please use your original designs and create a successful-selling guitar of your own. You're obviously capable
and the joy of painting and selling your own original work is far superior to selling copies of someone else's efforts.
Thank you
Pamelina Hovnatanian
www.pamelina.com
Not really sure what to do (or if there's anything I can do). I'd understand if I was trying to fool someone by listing these as one of the originals,
but I'm not. So am I up shits creek without a paddle?
Cuh-Rap!
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 Anaponda |
Cuh-Rap! |
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Posts: 857 (11/11/2008 2:37 PM) |
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 erich |
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Posts: 1161 (11/11/2008 2:44 PM) Bust down the double doors... |
wow man, that sucks... i guess you could keep making them but make them different, closer to the original.
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thebluesbug |
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Posts: 1294 (11/11/2008 2:48 PM) |
wow thats really shitty dude...im not sure what to say...I think rockon also had some issues with crash emalling him making sure he wasnt selling the crash
strat replica....so im not sure what you should do...i certainly dont want you getting into trouble
JM
" A Love Letter to the Electric Guitar "
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Anaponda |
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Posts: 857 (11/11/2008 2:54 PM) |
That's what I was wondering Erich. Art is a tricky subject...unless I had one of the original 210, I'm obviously not going to be able to copy one
exactly. They all have slightly different patterns.
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Champy87 |
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Posts: 477 (11/11/2008 2:55 PM) |
I agree with the above - Make it your own somehow. Find out the differences between Pamelinas Monty and Hendrix' Monty and do something along the lines of
that. (What are the differences?)
What I would not do, is ignore the polite C&D request she gave you. |
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Anaponda |
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Posts: 857 (11/11/2008 2:57 PM) |
Yeah, I already took the listing down. There are some slight differences in the two.
http://www.stratcollector...rix/hendrixatmonterey.gif In the pic above you can see there's a slightly different color scheme going on and Pamelina kind of made everything flow a little better. |
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erich |
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Posts: 1161 (11/11/2008 2:58 PM) Bust down the double doors... |
yeah, the heart on the pick guard is bigger and there are some reds an it too.
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4moreexits |
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Posts: 4 (11/11/2008 2:59 PM) |
I wouldn't worry about it. She sent a similar thing to one of my friends and was really nice about it. She was alright with him making one for himself, but
just didn't want him to sell them anymore. She even gave him some tips on how she did it and how to make his better.
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marlow |
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Posts: 2627 (11/11/2008 3:19 PM) |
hehehe - damn.
So, um... what from here? If no one in here wants one - I think that I'm going to scrap my build - cuz there's no way mine are going to hit the Bay now... I guess I'm taking orders. Son of a... |
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Anaponda |
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Posts: 857 (11/11/2008 3:34 PM) |
Gesh...Marlow, I thought you'd have some great news for me. Looks like we're basically screwed. I'm so confused though...if I change the colors am
I still at fault?
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erich |
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Posts: 1161 (11/11/2008 3:41 PM) Bust down the double doors... |
pretty sure if you could make it "your interpretation" of the monty then you could legally sell it.
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Champy87 |
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Posts: 477 (11/11/2008 3:42 PM) |
I have a question - How do you do your nuts (Guitar nuts
 ) Yourselves or do you pay an experienced tech to cut it?
As far as I have gathered you need a very experienced tech to cut you one! |
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Tone Driver |
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Posts: 2417 (11/11/2008 3:52 PM) I am on my best behavior... |
Champ, I think we have something a little more important going on in this thread than getting your nuts cut!!!!!! Hahahaa, naw man Im just kidding, had to say
it.
Anyway, you Monty makers are just going to have to suck it up. I mean, she's totally right. It's like selling a CD of you doing John Mayer covers. Just cant be done. I respect the work you guys do a LOT, but Im actually looking at this as a positive thing because I was getting a little tired of all the Monty builds and talk. You guys need to now start building and painting original stuff. There are infinite possibilities for you. I know it sucks to get a shot in the gut like that, but let's learn from it and turn it into a positive thing. |
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handonam |
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Posts: 1994 (11/11/2008 3:57 PM) |
you should be flattered that you made something look really close to the replica haha
Woot http://onfyre.myminicity.com/ . Click and support!
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erich |
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Posts: 1161 (11/11/2008 4:05 PM) Bust down the double doors... |
speaking of, if anyone wants a cd of me doing continuum, pm me. I will cut you a deal.
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rtvendetti |
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Posts: 484 (11/11/2008 4:08 PM) I'm never speaking up again... |
does that mean we can do more srv #1 builds and discuss them more now?? haha
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Champy87 |
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Posts: 477 (11/11/2008 4:14 PM) |
I know I had one of those coming TD
I wish relic work could be copyrighted (Can it?) because I'd like one of you to catch Cruz in one of his C&D emails to you, and ask him about the pups on the black relic! |
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Anaponda |
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Posts: 857 (11/11/2008 4:16 PM) |
^ Lmao...my girlfriend was reading the email from my blackberry as we were going through the Arby's drive thru. I thought it was just another question
asking for some more pictures but she kept reading and then paused and looked at me like she'd seen a ghost. She had no clue who Pamelina was, but she
thought I was in some serious legal trouble. I, on the other hand, was kind of flattered.
I agree with Tone, though. BUT, let's face it. Most of us will never be able to throw down 15k for the real deal. We Monty builders are kind of like the Wal-Mart of designer guitars. This sucks though. I was by no means making myself rich. Hell, I was selling maybe one every few weeks for $500. But I was making enough profit to keep from having to actually "work" while going to school. So I guess the next step is to put some ideas on paper and go from there. Not sure how many people will want to buy random funky designs from some college kid, but I'm going to give it a shot. |
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l33tm4n24 |
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Posts: 3029 (11/11/2008 4:28 PM) |
If it was me getting an email from her, no matter how famous she is, I'd tell her I WILL NOT until proper legal action is upheld. I mean, are you sure it
was really her man? I know that sounds lame, but you really can't tell, can you?
All I ever wanted was a good monty. You could just sell them from here I guess. Another thing, those weren't even her original designs, just an interpitation like yours. Experience Hendrix Inc. Should have the copyrights. Right? www.youtube.com/l33tm4n321
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Champy87 |
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Posts: 477 (11/11/2008 4:41 PM) |
Checking if its really her is cool. Demanding legal action from the proper channels before you will take it down, even though you know you're
"wrong" is extremely uncool.
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Anaponda |
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Posts: 857 (11/11/2008 4:43 PM) |
That's the problem though. I don't want proper legal action to be taken...I'm not sure what the conscequences would be, but it sounds bad enough to
get a few years in the big house. That being said, no way in hell I'm going to tell her no. I also looked up her handle. All she's used ebay for is a
bunch of jewelry...and the jewelry looks artsy as shit. Which really makes me think that it's actually her.
I think Marlow and RockOn pretty much have this forum booked up with Monty's. They're work is so much cleaner than mine. I think Marlow used one of the 210 she made as a guideline. And that's who I got the designs from so mine definitely isn't an interpretation. It's a copy, lol. |
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