I have a question about this whole process that is "legal" in nature. It is no way intended to cause problems, and please do not interpret it as such. But, it is such an obvious question (to me) that I have to post it in this forum. And furthermore, if I'm not mistaken, Les as an attorney who specializes in music production so he might have some answers already in his back pocket.
Here we go.
With regard to Mark's (EM7's) mod, as described in this forum (and on the VR forum as well)....can he "patent and/or copyright" his scematic design and method of solving this "LED problem"? And, if so, would that prevent other companies (such as PRS) from being able to offer the exact same or similar mod/option on future amp footswitches without a "royalty relationship" of some sort?
I don't want to get into the pros and cons of copyright/patent law as it pertains to this mod. I was just very curious as to whether this mod is eligible for patent protection, and if doing so would prevent other amp designers from utilizing a similiarly designed "non-battery powered LED footswitch" without providing Mark with royalties.
Bennett, while I'm experienced in copyright and trademark law, I have no experience in patent law. In principle the two are related by the "Patent and Copyright Clause" of the US Constitution, which recognized these concepts in the original Constitution (not an amendment) in 1787. Article I, Section 8, Clause 8 of the United States Constitution empowers the United States Congress:
"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
Just as a songwriter has exclusive right to do certain things with his/her work, so does an inventor. If Mark's footswitch is patentable, he certainly has certain exclusive rights.
I don't know to what degree making the schematics and photographs public affects the exclusivity of the rights.
Several companies have had powered LEDs on their amp footswitches. How these work would be researched, and most patent attorneys are also engineers. I'm simply not qualified to have a clue as to whether Mark's is original and patentable. I stick to the easy stuff...mostly recording and composing music!
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