The Struggle for Hang® Copyright: An Overview of the PANArt Case
I hope you enjoy reading this blog post. If you want to start your adventure with the handpan, click here.
For more than 20 years, a legal battle has been raging around the Hang®, the emblematic instrument created by PANArt in Switzerland. The instrument, which has marked the history of intuitive music and sound relaxation, is now at the heart of a legal debate on intellectual property and freedom of innovation.
What are PANArt’s demands? Why are handpan manufacturers challenging these rights? And what consequences could this case have on the music industry and instrument creators? Let’s dive into this fascinating and high-stakes case together.
1. The Heart of the Conflict: Protecting an Invention or Limiting Innovation?
Since its invention in 2000 by Felix Rohner and Sabina Schärer, the Hang® has been a runaway success. Soon, other craftsmen began to make similar instruments, which led PANArt to defend its creation through copyright and industrial property.
The questions raised by this legal battle are essential:
- Can PANArt claim an exclusive right to the shape and sound of the Hang®?
- Can a musical instrument be protected by copyright like a work of art?
- How much should we limit innovation and musical diversity to protect a creator?
The courts have been called upon to decide these complex issues, balancing the protection of creators with the need to allow the music industry to evolve freely.
2. PANArt's Position: A Desire for Absolute Protection
PANArt defends the idea that the Hang® is a unique creation, which must be protected against imitations. For them, the lenticular (oval) shape of the handpan and its particular tuning are not only an aesthetic choice, but also an artistic and acoustic innovation.
The arguments put forward by PANArt:
✔️ The Hang® is protected by copyright, especially in Germany, where regional courts have ruled in their favor.
✔️ The recent decisions of the European Court of Justice confirm this protection in other EU countries and in Switzerland.
✔️ The name “Hang®” and its design are unique elements that should not be copied.
PANArt therefore considers that all handpan manufacturers are in breach and should pay royalties or stop production. However, this request was rejected by competing manufacturers.
What if you discovered my guide “How to Choose My First Handpan”?
3. The Handpan Makers' Fightback: Innovation and Creative Freedom
Faced with PANArt’s attacks, handpan manufacturers have retaliated by putting forward several essential arguments:
✔️ An instrument does not belong to a single creator
The manufacturers believe that the Hang® is itself inspired by the steel drum and the Indian Ghatam, and that its lenticular design is above all an acoustic necessity and not a unique artistic signature.
✔️ Musical diversity must not be restricted
The handpan is now an instrument played all over the world, with dozens of manufacturers innovating and improving on the initial design. Restricting this evolution would be a brake on musical creativity.
✔️ German court ruling does not rule worldwide
Although PANArt has obtained favorable judgments in Germany, the manufacturers believe that the design protection of the Hang® cannot be applied uniformly in all countries.
A group called “Handpan Community United” (HCU) has even formed to defend manufacturers and support artisans against lawsuits.
4. A Case That Reshapes the Future of the Music Industry
The consequences of this legal battle go far beyond the handpan. This lawsuit raises fundamental questions about intellectual property in music :
- Can you patent a sound form and prevent other musicians from exploring it?
- Can a manufacturer claim an absolute monopoly on an instrument, without leaving room for other craftsmen?
- How far does copyright go in the manufacture of musical instruments ?
The verdict will influence not only handpan creators, but also the entire music industry, by defining the limits of the protection of musical instruments.
Your free eBooK “Everything you need to know about the Handpan”
5. The Impact of this Case on Musicians and Buyers
👉 What will happen to handpan players if PANArt wins?
If the court rules in favour of PANArt, it could severely limit the production of handpans, increase prices, and reduce the accessibility of the instrument.
👉 And if the handpan manufacturers win?
This would pave the way for even more innovation, with new ranges, materials and designs, allowing musicians to access a wider choice of instruments.
At Bapst Handpan, we support an open vision of the handpan, where every musician can find a quality instrument without excessive legal barriers.
6. Conclusion: A Battle Between Protection and Freedom
The PANArt case against handpan manufacturers is more than just a commercial dispute. It is a battle between the protection of an invention and the freedom to innovate.
- On the one hand, PANArt wants to defend its work and prevent the Hang® from being hijacked by uncontrolled copies.
- On the other hand, manufacturers and musicians want to keep the possibility of exploring and improving this instrument without undue constraint.
🌍 The handpan is now a universal instrument, accessible to all. Its future will depend on future legal decisions, but also on the choices of the musicians and enthusiasts who bring it to life every day.
👉 And you, what do you think of this case? Should the handpan be protected or remain free to access? Share your opinion 😊🎶
Sources
Charles Bapst is a creative and passionate entrepreneur, behind projects like Bapst Handpan, Le Monde d’Isis (well-being), and Bapst Technologies (SEO & Technology). Despite pigmentary retinopathy, he transforms each challenge into an opportunity, building a universe aligned with his passions and convictions.
Guided by intuition and harmony, he invites you to follow his credo: “Do what you love ❤️.”
Follow Charles:
Hey, I’m Charles Bapst. I created a comparison of Handpans for beginners, do you want to see it?
Charles Bapst is the founder of Bapst Handpan, Le Monde d’Isis and Bapst Technologies. Why is he involved in so many projects? Following the diagnosis of retinopathy pigmentosa, Charles chose to transform this ordeal into a driving force. He decided to adapt his work environment to focus only on subjects that fascinate him and that make him tick.
Among his inspirations, he likes to recall that:
“Intuition is a driving force for the future.”
And he encourages everyone with this philosophy:
“Do what you love ❤️”.
My Handpan store:
- Artisanal quality, for a durable and ethical instrument, perfectly tuned.
- Enchanting sounds and ease of use, perfect for meditation or musical exploration.
- Ideal for beginner, with intuitive handling and resources to get you started.
Share the article
