Legallities of starting your own pedal business

[thgroove13]

Hello, I'm new here so a big welcome to you all. 

I was wondering what are the legalities of starting your own pedal business?

help would be great

thanks and Rock on

[jkokura]

That's a heck of a first post!

Depends on what describe as a pedal business, and it depends on what you mean by 'legalities.'

Really, starting a business is starting a business. There's no difference between starting a Pizza business or a farm equipment business legally. It's all the same. Get yourself registered, pay your taxes, etc.

But the specifics on what to do and not do... Well, we've had that discussion before. My thought is, you better really have a good idea and be willing to lose money on it for a while before it 'works' for you. It's not a quick way to get rich. Rather slow actually. Really, really, really slow.

Jacob

[thgroove13]

well just looking to start out small and market, build and sell pedals of my own design.  I just do not understand the legalities of the circuit board changes etc.

[midwayfair]

If you have a legal question, you need to hire a lawyer. You shouldn't seek legal advice on a forum dedicated to doing it yourself because most of the people around here do it for themselves, not commercially, and therefore are unlikely to have advice about running a business or understanding business law in ... where was it you said you were from? On the off chance that someone here is a lawyer that deals in those sorts of things, chances are they aren't going to give you legal advice for your business for free on the internet.

Second, you're asking a general question about something that requires specifics. In general, circuits can't be copyrighted. Art of any sort can be, so layouts are copyrighted. Circuits can be pattented. Parts of circuits can be pattented. Trade dress is protected by law. No one could even venture an educated guess about how to answer your question without knowing exactly what you're working on.

I hope I don't sound like a jerk, but the above advice applies to everything where business and the law interact.

If you can't afford a lawyer to ask about the legalities of something you plan to do for a business, then do something you know is legal. Getting sued is not fun and a heck of a lot more expensive than a one-hour talk with a lawyer.

Finally, your second post indicates that you are making "circuit board changes." One way to stay safe is: Don't use someone else's work. Don't take someone's layout and make changes to it unless it's approved for commercial use. Don't use someone else's circuit without significant changes because that's just being a jerk (the world does NOT need another guy in his basement building tube screamers. Do something original). Don't use someone else's name, graphics, etc.

Also, welcome to the forum.

[pickdropper]

As somebody in the process of starting a pedal company right now, I think that's good advice.  First, figure out exactly what kind of company you want to start and how to implement it.  Once you know that, then you should contact a lawyer; they can advise you and help you get your company started up.

[thgroove13]

Great responses...I am in the western Pennsylvania area.  And yes I would like to have the council of a lawyer.  I absolutely want to things the right way and I believe I have a good concept of what I would like to accomplish(I am not looking to become BOSS etc...).  It is always good to get advice --good or bad so that I can educate myself along the way.

Thanks guys!!

[playpunk]

Well, I wouldn't worry about it too much to tell you the truth. You can probably register a dba with the county clerk, and you don't have to worry about much else if it is a sole proprietorship.

It is almost certainly not worth it to you to incorporate.

At least that is how it is in ny. Where are you in pa? I am just over the border in Chautauqua  county.


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[pickdropper]

Well, I wouldn't worry about it too much to tell you the truth. You can probably register a dba with the county clerk, and you don't have to worry about much else if it is a sole proprietorship.

It is almost certainly not worth it to you to incorporate.

At least that is how it is in ny. Where are you in pa? I am just over the border in Chautauqua  county.


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I guess it depends on what your plan is.

[gtr2]

It's not necessary to have a DBA in PA operating as a sole proprietorship (unless you want one), but you have to apply for a business license and file quarterly sales and use tax to PA.  That's on top of your federal taxes...

[playpunk]

Well now I know something about pa law. Ny is better, naturally.

And if you have big dreams, you could incorporate, but you need to observe the "necessary formalities." Ask a local attorney about that.


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[thgroove13]

Great answers!!

Gives me a place top start at least.

thank you