Gibson Guitar Raided By Federal Government

Gibson Les Paul Bigsby Patent No D 169,120
Gibson Les Paul Bigsby Patent No D 169,120

Gibson Guitar was raided by federal marshals for alleged violations of the Lacey Act of 19001 – the facts are not clear yet, but it seems as if the federal government suspects Gibson of using banned materials in their guitars.

NPR’s Craig Havighurst notes that not every guitar manufacturer is upset:

Chris Martin, Chairman and CEO of the C.F. Martin Guitar Co. in Nazareth, Pa., says that when he first heard guitars built from Madagascar rosewood, he dreamed it might be the long-sought substitute for Brazilian rosewood, whose trade was banned in the 1990s due to over-harvest. Then the situation in Madagascar changed.

“There was a coup,” Martin says. “What we heard was the international community has come to the conclusion that the coup created an illegitimate government. That’s when we said, ‘Okay, we can not buy any more of this wood.'”

And while some say the Lacey Act is burdensome, Martin supports it: “I think it’s a wonderful thing. I think illegal logging is appalling. It should stop. And if this is what it takes unfortunately to stop unscrupulous operators, I’m all for it. It’s tedious, but we’re getting through it.”

Others in the guitar world aren’t so upbeat. Attorney Ronald Bienstock says the Gibson raids have aroused the guitar builders he represents because the Lacey Act is retroactive. He says they’re worried they might be forced to prove the provenance of wood they acquired decades ago.

“There hasn’t been that moment where people have quote tested the case. ‘What is compliance? What is actual compliance? How have I complied?’ We’re lacking that.”

(click here to continue reading Why Gibson Guitar Was Raided By The Justice Department : The Record : NPR.)

Andrew's Rock God Pose
Andrew’s Rock God Pose

Eric Felten of the WSJ reports:

It isn’t the first time that agents of the Fish and Wildlife Service have come knocking at the storied maker of such iconic instruments as the Les Paul electric guitar, the J-160E acoustic-electric John Lennon played, and essential jazz-boxes such as Charlie Christian’s ES-150. In 2009 the Feds seized several guitars and pallets of wood from a Gibson factory, and both sides have been wrangling over the goods in a case with the delightful name “United States of America v. Ebony Wood in Various Forms.”

The question in the first raid seemed to be whether Gibson had been buying illegally harvested hardwoods from protected forests, such as the Madagascar ebony that makes for such lovely fretboards. And if Gibson did knowingly import illegally harvested ebony from Madagascar, that wouldn’t be a negligible offense. Pete Lowry, ebony and rosewood expert at the Missouri Botanical Garden, calls the Madagascar wood trade the “equivalent of Africa’s blood diamonds.” But with the new raid, the government seems to be questioning whether some wood sourced from India met every regulatory jot and tittle.

It isn’t just Gibson that is sweating. Musicians who play vintage guitars and other instruments made of environmentally protected materials are worried the authorities may be coming for them next.

If you are the lucky owner of a 1920s Martin guitar, it may well be made, in part, of Brazilian rosewood. Cross an international border with an instrument made of that now-restricted wood, and you better have correct and complete documentation proving the age of the instrument. Otherwise, you could lose it to a zealous customs agent—not to mention face fines and prosecution.

John Thomas, a law professor at Quinnipiac University and a blues and ragtime guitarist, says “there’s a lot of anxiety, and it’s well justified.” Once upon a time, he would have taken one of his vintage guitars on his travels. Now, “I don’t go out of the country with a wooden guitar.”

The tangled intersection of international laws is enforced through a thicket of paperwork. Recent revisions to 1900’s Lacey Act require that anyone crossing the U.S. border declare every bit of flora or fauna being brought into the country. One is under “strict liability” to fill out the paperwork—and without any mistakes.

 

(click here to continue reading Guitar Frets: Environmental Enforcement Leaves Musicians in Fear | Postmodern Times – WSJ.com.)

Death Cab for Cutie Chris Walla
Death Cab for Cutie Chris Walla

Which is all well and good, but this last sentence with its slam towards tree-huggers is out of place in any newspaper, except for a Rupert Murdoch joint, of course. Read:

You could mark that up to hypocrisy—artsy do-gooders only too eager to tell others what kind of light bulbs they have to buy won’t make sacrifices when it comes to their own passions. Then again, maybe it isn’t hypocrisy to recognize that art makes claims significant enough to compete with environmentalists’ agendas.

So even though the Lacey Act has been on the books since 1900, Eric Felten wants you to equate it with Michele Bachman’s anti-CFL lightbulb crusade. Whatever dude.

Footnotes:
  1. Wikipedia; The Lacey Act of 1900, or more commonly The Lacey Act (16 U.S.C. §§ 3371–3378) is a conservation law introduced by Iowa Rep. John F. Lacey. Protecting both plants and wildlife by creating civil and criminal penalties for a wide array of violations, the Act most notably prohibits trade in wildlife, fish, and plants that have been illegally taken, transported or sold. The law was signed into law by President William McKinley on May 25, 1900, and is still in effect, although it has been amended several times []

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