[PSUBS-MAILIST] Re: 'Big' Dave on Busby et al

[Phil Nuytten <72020.572@compuserve.com>]

Hi, All:
        Regarding 'Big' Dave' on Busby, rich people, copyrights generally,
and KISS (tm) bass guitarist Gene Simmons and his  suposed copyright on the
common musicians term for a guitar - an 'axe' - specifically:
        I was curious about the Simmons thing so I called up the
appropriate music biz connection and checked it out. As is often the case,
the actual facts are quite different than the myth - ( Just as David of
Osage suggests !)
        Gene Simmons performs with a bass guitar that is actually shaped
like an executioners broad axe. It is this distinctive shape coupled with
the term " Gene Simmons Axe"  and/or  "Gene Simmons  Axe Bass"  on which
the 'invention' copyright ( in the Library of Congress) - and the
subsequent trade mark,- is based ( bassed?).
        The first signed, numbered, limited edition of 250 of these
distinctive ' works of art' were produced by  Kramer Guitars in the late
70's. A second limited edition was produced for the KISS (tm) Psycho Circus
Tour (tm) in 1998/99. The (tm) on the axe bass does not mean that musicians
must  >stop using the term  or pay a royalty< , at all . . . no more than
the (tm) on KISS means you can't use that term to describe what you do with
your wife, your mistress, or your dog! (G)
        It simply means that, if you were to produce a  limited edition
bass guitar shaped like an axe, you could not call it the "axe", since that
right is reserved to Gene Simmons - ( Actually, it is reserved to Spencer
Gifts - a division of Universal Studios -  who have an exclusive on
marketing) - in the same way that you can't call your new tire a
'Roadhugger', or your battery a 'Copper-top' or your new cleaner 'Simple
green' . . . on the other hand, if you mated with an extraterrestrial and
the resulting kid turned out to be retarded, you could call him or her '
Simple green' without fear of running afoul of the copyright laws, since it
has nothing to do with a cleaner. To cut to the chase: BD says you have to
pay Gene Simmons if you use the term 'axe' to describe a guitar. That is
not true.      I'm sure all you Psubbers will breathe a sigh of relief to
get that matter cleared up!

        Oh, yes . . as far as 'Big' Dave's comment:   >Not that I would
want to use any of your "property", but if I should, you are seriously
handicapped as I have no intention of making monetary gain. All you can
really do is set-bye and watch my delight as I use your so-called
"intellectual property" to have personal fun< 
        Oh, me, (sigh)  seems like I >'set-bye', seriously handicapped<  a
lot, these days . . . must have been all that deep diving!   Seriously,
nothing would give me greater pleasure than knowing that BD is using
something that I developed for his own personal fun, ( that's why I made
stuff like the life-support paper available to Psubbers) . . . if, however,
he copied it to provide to a 3rd party without my authorization, then he is
breaking the law and I may use the remedies available to me. 

        All in all, I think Doug F. has exactly the right slant on it -
check it out thoroughly and then do what's appropriate - pretty simple!

        And, 'Big' Dave . . .feel free to argue with me anytime you feel so
inclined - just don't try to jam your perspective up my . .heh, heh, .
'scuse me,. I mean, . . . down my throat!    I'll give you the same
consideration.  
Phil Nuytten