Is It Legal to Sell Products Based on Modified Punk Console or Combined Pedal Circuits?

I am currently on the long and laborious road to launching a small company designing analog synthesizers and analog effects, (I am mostly self taught with the help of an old learning lab, several DIY kits and tons of internet searching.) Being relatively new to the field, I have a few questions I would like to get your opinions about concerning circuit design legalities and ethics.

One example for you, I have taken small ideas from several different effect pedal power sources as well as some IC tech data sheets and combined them to create my own power section. Is that considered copying or creating? Is there a legal issue doing electronics design this way?

Another example... Lets say that I have (and I do!) a modified version of the old stepped tone generator Punk Console circuit, and wanted to sell it as a finished synthesizer product through my company. Is that legal and what are the moral and ethical aspects to consider when dealing with a DIY such as that which was never sold as a finished product by it's designer.

One last example then I'll leave you to you alone. This time let's say that I started from a copyrighted schematic and DIY PCB, but have done many modifications to it. It is an autowah pedal that originally had one control knob for tone range. I have worked, tweaked and mutated it into a very expressive pedal that now has 6 control knobs and an entire new additional section called the "Fuzzulator." I discovered that one by accident trying to achieve something else entirely (Love it when that happens!)
It also was the pedal I originally designed own my power section for because I had to work around a pseudo split rail in the original that popped loudly when switched on. My schematics look somewhat different than his even though they started the same, and I know for a fact that at least 1 of the 3 sections is pretty much straight out of IC data sheets. How far away from the original copyrighted schematic / pcb do I have to be to call it my own and be able to sell it as my companies product?

I have heard people say that analog effect pedals and synths are basically just different combos of the same small sections or "ingredients" and there's only so many ways to do it, therefore there has to be design similarities. Is this a fair statement and does it mean it's acceptable to do?

I know I am not re-inventing the wheel or anything grand, but I do believe that through my choice of ingredients, years of musical experience, and use of high quality audio grade parts I can offer something useful to the music community. My goal is to carve out a small niche designing and selling unique sounding, long lasting equipment. I do not want to merely clone other peoples work and I absolutely do not wish to steal others work directly or inadvertently. I just want to make the best sounding analog synthesizers and effects that I can.

I am simply wanting to get my company started on the right foot, instead of one foot in the grave. The laws surrounding electronics have a confusing air about them and I need a little advice from you all so I can make my decisions more wisely.

Thank you so much for taking the time to help a "newbie" with electronic dreams,

Danny Barkman

I also have similar issues at hand. Under the Patent office a new invention can be an improvement upon an existing invention, but I'm sure there are also other legal issues. I will watch for answers from others.

Danny:

To be on the safe side and wanting to keep your company in business, you should seek professional advise from a patent attorney.

A copyright though is not a patent in the sense that if you build the circuit in the schematic, that is legal. If that circuit had a patent or patent pending then you can't legally build it for gain. A copyright is the next best thing if a circuit can't be patented, it at least slows someone down.

Can you draw your circuit which you indicate is different because of differences in operation, from scratch, without looking at any thing as a guide? Pretty much every thing in electronics is copied to some extent.

I am planning on talking to patent and copyright attorneys soon, but I was wanting to gain an understanding of the opinions from the professional community before going in speak with them.

So are you saying that it is legal to build a circuit in a copyrighted schematic just as it appears? Not that I would ever do, or want to do that, the electronic music world has enough cloners already. This particular schematic and diy pcb in question do not list patent numbers or patent-pending. The only thing on any of it is a copyright on the schematic.

No, I couldn't draw it from scratch without any guides or data sheets, I would say I could get most of the way through it however. The 3 ICs functions seem to be relatively common uses. A TL074 which is serving as a wave rectifier and a signal content eliminator. A TL072 which is a Voltage to Impedance converter, and a LM13700 for a low pass filter, which is from the National Semiconductor Data sheet figure 14.

Thank you very much,

Danny

Every thing I do where I work (schematics) are protected by copyrights. That doesn't protect the design. It merely limits the distribution (paper) to those on a need to know basis. So technically if someone has the schematic and aren't authorized then there could be issues. This may or may not apply in your situation. My schematics are my company's property, no different then an o-scope, DVM, etc.

So if people don't have the schematics it makes it much more difficult to reproduce although there are those who do reverse Engineering all the time. If there are no patents in the product then it's fair game.

The copyrighted schematic is freely available on his web site for DIY projects.

You mentioned "IC tech data sheets". Each IC design is probably patented (or at least pending). But, that shouldn't affect designs _using_ that IC. The patent for an IC is different than a patent for the _use_ of the IC. In case that was a concern.

You might want to google engineering ethics and/or purchase a book on the subject.

If by "IC tech datasheets" you mean application notes or application circuits in a datasheet you can use those. They are there so you will use the company's IC. I don't see a legal or compellingly strong ethical reason you cannot use the circuit with another brand of IC.

Yes, thats what I meant. application circuits in the data sheets.

I mean the application circuits contained in the data sheets to be used in conjunction with the IC itself. Most of the effects and synths out there overlap so much and a lot goes back to these application circuits, I am wanting to be on the up and up about this and not cross the line into shady practices.

Thanks to everyone for their input, opinions and comments. I now have the original creators permission to make my changes and to call it my own product. He was actually very glad to hear what I have gotten out of his design and thrilled that I contacted him and asked permission rather than assume or just take it. I believe I have a solid footing on the ethics & morals of electronics now and appreciate the help from you pros. As I stated earlier, I always want to be on the up and up with this field and treat people correctly.

Look out, Unusual Signals is on the rise!!!

Thanks to all,

Danalog