Make-it-yourself legal question

savagesicslayer · Oct 3, 2005

If for example a person couldn't buy a Tom Brown Tracker/WSK but had the steel and the know-how to make one for themselves would they catch any hell for it?I'm talking their own personal use and not sale because sale would just enourage copyright infringement lawsuits.How does this work??

Watchful · Oct 4, 2005

I doubt you posted enough specifics about your plans for anyone to decisively answer one way or another, but generally speaking you should be all right--as long as you're not selling it now or in the future (trademark), and just as importantly you're not passing it off as a genuine Brown to anyone (copyright).

Others will differ in opinion, but if you're upfront about your intentions--and I think you definitely are--there shouldn't be any problems with making a personal copy. If it were my knife, I'd obviously want you to *buy* my knife, but would have to be a little flattered that you'd want your own copy.

Ilovetoolsteel · Oct 7, 2005

savagesicslayer said:
If for example a person couldn't buy a Tom Brown Tracker/WSK but had the steel and the know-how to make one for themselves would they catch any hell for it?I'm talking their own personal use and not sale because sale would just enourage copyright infringement lawsuits.How does this work??

I doubt the design is copyrighted.(don't think you can copyright a knife, copyright applies to words music or images.) the likelihood of someone going after you because you violated the copyright is slim. There are already 2 companies that make a knockoff of that knife.They have much deeper pockets than you.
Hell practically every custom maker makes a copy of Bob Loveless's drop point hunter. How would Tom Brown even find out you had made a copy? Gerber is making a near exact copy of Kit Carson's M16 spearpoint. Without Kit's approval.

Now from my copyright experience as an artist, For you to recover any damages you must show you have suffered damages. The value of the copyrighted material must be damaged by the violators actions. Or you must show your ability to generate income from the work has been harmed or diminished by the violators actions.

Watchful · Oct 7, 2005

Copyright applies to creative works of art--if the original creator believes his knife is more artwork than anything else, it'd be something to go after. But I agree they probably won't bother you, since you're not passing it off as yours, you aren't selling it, etc.

Trademark is another matter entirely (but the results should be the same in your case), and some 'borrowed' knife elements obviously come under patent issues.

Ilovesteel's statements about damages are entirely correct: the worst they could do is tell you not to make another one.

savagesicslayer · Oct 8, 2005

Cool thanks for the input guys it was helpfull.

Ilovetoolsteel · Oct 9, 2005

Watchful said:
Copyright applies to creative works of art--if the original creator believes his knife is more artwork than anything else, it'd be something to go after. But I agree they probably won't bother you, since you're not passing it off as yours, you aren't selling it, etc.

The copyright laws are pretty specific as to what they protect. What the creator believes is of little importance. A knife is a tool. A mechanical device. There are knives that are called "art knives" but using the word art is an abstraction. It is still ultimately a tool. The Tom Brown tracker is more tool than others. Any protections would have to come from Trademark or patent protection. Both very onerous processes.

Ironically, Since most of what Frost cutlery makes doesn't qualify as a knife and probably not even a tool, they should be able to prevent knockoffs under copyright law as sculpture!

Watchful said:
Trademark is another matter entirely (but the results should be the same in your case), and some 'borrowed' knife elements obviously come under patent issues.

Surprisingly, There aren't many knife patents. Some of these assisted openers might have the assist mechanism patented but not much else out there is. Gerber had a Patent on the locking mechanism for the Paul folder, That knife came out in the 70's so if the patent isn't up it only has a year or two left. I bet the knife industry has wet dreams about being able to patent a design and then being able to ban all import of the inevitable knockoffs.

TheSurvivalist · Oct 29, 2005

It worked for me. So far, nobody has sued me for making my modified version of the Tracker knife. I constructed it out of an old butcher knife, and it works pretty well. Oak handle, brass pins. It's a definite user, and cost $10.

There are many similar knives on the market by other manufacturers, and as far as I know, the design is up for grabs by almost anyone. You just can't call your knife a "Tom Brown Tracker." That will get you a lawsuit.

Have fun.

TheSurvivalist

savagesicslayer · Oct 29, 2005

I'm thinking about a cross between the beck tracker and the made by the river knife Del toro made in the hunted.I'm still at the planning stages but I have some pretty good sketches already.