Fair Use of Trademarks at Tone Alchemy
At Tone Alchemy, we often draw inspiration from the rich history of guitar effects pedals. Many of our projects are adaptations of existing circuits, some of which are iconic and widely known, while others may be commercially available.
We understand that seeing details of a circuit you developed laid bare might be concerning. Please know that our intention is never to undermine your hard work or your company. We value respectful engagement and hope you do too.
For clarity and transparency, we want to explain our position regarding the use of trademarks and intellectual property within the framework of Australian law.
Comparative Use of Trademarks
We generally strive to acknowledge the commercial products that inspire our circuit adaptations. This often involves using trademarked company or product names. In Australia, the comparative use of trademarks is generally permissible when it’s for the purpose of comparison, review, or critique, and does not mislead consumers or suggest endorsement. Our use of these names is purely for comparative advertising and to accurately describe the inspiration behind our projects, as the Tone Alchemy product designs compare to the commercial pedal in the ways we claim.
It’s crucial to understand that we do not represent our products (such as printed circuit boards or electronic components) as replicas or imitations of fully assembled, commercial pedals. We do not use copyrighted logos or artwork of original manufacturers, except when showcasing photographs of the original pedals for illustrative purposes. There is no intent for anyone to mistake our products as being endorsed by, or affiliated with, any commercial entity whose name we mention for comparative purposes. We explicitly disclaim any and all affiliations with these commercial entities unless otherwise stated.
Understanding Intellectual Property in Australia
“Intellectual property” is a broad term encompassing several distinct legal rights:
- Patents: Protect novel inventions and processes.
- Copyright: Protects original literary, dramatic, musical, and artistic works.
- Trademarks: Protect brands, logos, and names used to distinguish goods or services.
- Trade Secrets: Confidential information that gives a business a competitive edge.
Any legal claim regarding intellectual property in Australia must specify which of these subsets is being invoked, as “intellectual property” itself has no standalone legal meaning.
Schematics:
Generally, a schematic – which is a representation of electronic connections between components – cannot be copyrighted or trademarked in Australia. It would only be considered a trade secret if the circuit was not publicly available and was developed and maintained as confidential by the owner. However, if a circuit has been independently reverse-engineered, it typically falls outside of trade secret protection.
Patents are the primary avenue for protecting circuit designs in Australia. However, patents for analog electronics, particularly in the guitar effects industry, are relatively rare and difficult to obtain. We make every effort to be aware of and respect any active patents that might apply to analog guitar effects pedals.
The only way a schematic could violate copyright is if it were a direct copy of the original artwork, for instance, a factory schematic drawn by the company that manufactured the pedal. All schematics we redraw for our projects are original artistic works copyrighted by Tone Alchemy, irrespective of the circuit they represent. Therefore, they are not subject to outside copyright claims on the schematic drawing itself.
While we may host some factory schematics for archival or historical purposes, these are almost exclusively older designs (e.g., from the 1980s or earlier) that have been widely distributed for many years, and many of the original companies may no longer exist. If you are the copyright owner of a document we host and wish for it to be removed, please contact us with proof of copyright ownership.
Printed Circuit Board Layouts:
A Printed Circuit Board (PCB) layout can be protected under copyright in Australia as an artistic work. However, this protection applies to the specific layout as a visual design, not to the underlying electronic circuit or component connections.
All of our PCB layouts are original designs and are copyrighted by Tone Alchemy. We do not reproduce or replicate original PCB layouts, vintage or otherwise. No part of an original PCB layout is reused in our work. Consequently, similar to our re-drawn schematics, our PCB layouts are not subject to copyright claims from third parties.
Project Names:
Each of our projects has its own unique name. We conduct thorough research to ensure originality before assigning a name to a project. However, given the vast number of commercial pedals and the continuous influx of new products from both large and small builders, it’s possible that a name we’ve chosen may inadvertently overlap with one already in use within the industry.
If you believe one of our project names infringes on your trademark, please contact us and provide proof of prior commercial use (e.g., sales records predating our project’s release). We are committed to resolving such matters amicably and will consider changing the name where a valid claim is established.
Addressing Legal Concerns
We are diligent in ensuring that the content on tonealchemy.com does not infringe upon any intellectual property rights under Australian law. We are informed about legal processes regarding intellectual property and will respond appropriately to any legitimate claims.
It’s important to note that initiating frivolous or unfounded legal action, especially without proper consideration of fair use principles, can have adverse consequences for the claimant.
Our Perspective
We understand that significant time and effort go into developing original circuits. However, in the analog pedal market, the possibility of circuits being reverse-engineered and analysed is a known aspect of the industry. This is not piracy or unethical; it’s a common practice within the electronics community.
At Tone Alchemy, we also develop original circuits and understand the implications of making them public. There’s always a chance that others might build upon or be inspired by our work, and we view this as part of the collaborative nature of innovation.
If your product can be traced and understood using readily available components, it’s generally not something that can be legally protected from analysis or adaptation. Rather, consider it a testament to the quality and interest in your design. If your pedal showcases thoughtful design and hard work, its public analysis can often enhance its reputation.
Furthermore, our target audience is generally DIY enthusiasts who enjoy building their own pedals, rather than those exclusively purchasing new commercial products. We believe that by engaging with the DIY community and archiving these circuits, we are not deterring your potential customers. In fact, a positive reputation within the DIY community can often lead to increased interest in commercial products.
The “Streisand Effect”
It’s also worth mentioning the “Streisand Effect.” The DIY community is passionate about its right to analyze and build circuits. Attempts to suppress this legitimate activity can sometimes backfire, drawing more attention to the very information or activity one sought to suppress. An aggressive or ill-considered campaign to control information can paradoxically make it more widely known.
Our Respect and Archival Purpose
Finally, if we have analysed your pedal or based a project on it, it signifies our deep respect for your work. We see Tone Alchemy as a living archive of analog circuits – preserving both forgotten designs and those at risk of being lost. We genuinely hope you view your inclusion in the Tone Alchemy archive as an honour, recognising its contribution to the ongoing legacy of guitar effects.