Should this be in the courts. Should a painting on a guitar body be protected by Copyright?
What about the other million guitar designs and paintings that happened on guitars of musicians who didn’t make it?
Who owns what there?
Of course, Copyright doesn’t matter or care when no money is involved. Copyright only goes to the courts if there is money involved. Copyright is only important and needs stricter enforcement when there is money to be gained or lost.
And the estate of Dimebag really shouldn’t have control over this design anyway. Dimebag didn’t even own the copyright to the artwork himself, (it was owned by his friend who painted the design) so how can it fall into the hands of his estate.
People will argue that he played a guitar made by Dean with that design on it and made it popular. Yes, that’s correct, but he still didn’t own the copyright on the guitar to pass it on to his estate after death.
Also the lightning design is pretty generic and it looks like the lightning on the “Ride The Lightning” cover and there is nothing really distinctive about it. As far as I’m concerned, the Estate or the Guitar maker should not have a Copyright over this design.
People and Corporations who offer no value to culture, make money from people who did offer value and change culture after death. This is basic hijacking of what Copyright was designed to do and it shouldn’t exist.
And as I mentioned before, what about the millions of other artists who tried to impact culture and didn’t. There was always copyright infringement happening.
The “Sunset Strip” sound in the early 80s was pretty much the same across the bands. And for the bands who made it like Motley Crue and Ratt, thousands of other bands who had similar/same songs didn’t make it, however they influenced the bands who made it to a certain extent.
How come they don’t make the news?
CC DeVille took a riff another person wrote in his previous band and used it for “Talk Dirty To Me”, without any credit to the writer. James Hetfield took a riff another person wrote and used it for “Hit The Lights” without any credit.
Copyright allows Corporations to amass power from art created by others. These Corporations keep this power long after the artist has passed away. This is wrong and against the interest of the public.
When one small artist who has a low status has an issue, it is irrelevant to everyone however when a bigger artist has an issue it is relevant.
And people wonder why small low worth artists are suing high net worth artists?
Instead of creating incentives to create, copyright is creating incentives to sue.