What's that Lenticular Spaceship Drum that You Are Playing?

Shaped like a lentil with lilting melodies and infectious grooves…The Handpan is the worlds newest musical Instrument!

The handpan, originally called the Hang, was invented in 2000 in Switzerland by Felix Rohner and Sabina Schärer of PANArt,

It was inspired by steel drums or the Caribbean and Gongs of Indonesia…. but features a UFO shape with numerous tuned notes on a convex (rather than convex) surface,

A ‘Brand-New’ World Percussion Instrument that looks ‘ancient’

The ‘Hang’ (Swedish) first presented in 2001 and it ‘took off’ globally!

Named "Hang" ...it means "hand" in the Bernese dialect, reflecting how it's played.

The Hang's global success led to many other makers creating similar instruments, collectively known as handpans.

Is it Art or Industy?

The ‘explosion’ of handpan ‘knockoffs' triggered a copyright case instigated by PANart

The basis for the copyright case regarding the Hang handpan, rests on the classification of the Hang as a "work of applied art".

A landmark July 2024 ruling by the Commercial Court of the Canton of Bern (Switzerland) held that the Hang is protected by copyright in Switzerland, Germany, and the Netherlands.

The court ruled that the Hang is not merely a functional musical instrument, but a, "work of applied art" that demonstrates a unique, "individual character" and "creative human effort".

The copyright protection focuses on the overall visual impression of the instrument, specifically the combination of:

The lens-shaped body formed by two steel shells.
The central dome (the "Ding").
The opposite resonance hole (the "Gu").
The specific circular arrangement of tone fields.

The Eyes Have It!

The court found that the inventors retained significant creative freedom in the overall design

The judged that the shape was not solely determined by technical, functional requirements or produced tuned metal!

PANArt argues that other handpan manufacturers are "freeriding" on their invention by copying the unique visual and structural form of the Hang, rather than developing independent works.

The copyright protection attaches specifically to the visual design (the "sound sculpture") rather than the acoustic principles, sound, or tuning system itself.

The courts have ruled that handpans using a similar, "lenticular shape" are considered, "illegal copies" that produce the same, "overall impression".

Following the 2024 ruling, the case is in a phase where specific instruments are being evaluated to see if they infringe upon the protected design.

The HCU

The Handpan Community United (HCU), a group representing numerous manufacturers, has challenged the ruling

HCU argue that the Hang is a functional object that should not be protected by copyright, but rather by more limited design or patent law.

In Australia, copyright automatically protects original creative works (writing, music, art) from being copied, usually lasting for the author’s life plus 70 years.

Patents protect functional inventions, processes, or devices, requiring registration with IP Australia and lasting up to 20 years.

How Did HCU go with their appeal?

The Swiss Federal Supreme Court did not fully overturn the previous ruling in early 2025 but rather dismissed the appeal on procedural grounds, leaving the initial court's, "substantive assessment of the Hang's copyrightability" in place for now.

What about HandPan in Oz?

The July 2024 ruling by the High Court of the Canton of Bern has no direct legal effect in Australia.

The decision specifically determined that the "Hang" (the precursor to the handpan) is protected by copyright as a "work of applied art" under Swiss, German, and Dutch law.

The Bern Court's decision is restricted to Switzerland, Germany, and the Netherlands.

It does not create an enforceable ban or copyright standard in Australia, as copyright is governed by the Australian Copyright Act 1968.

Australia and Switzerland are both signatories to the Berne Convention, which mandates "national treatment."

This means Australian courts would apply Australian law to determine if a Swiss-created work is protected in Australia, rather than simply adopting a Swiss court's ruling.

Artistic Work or Industrial Design?

Australian law draws a sharp line between "artistic works" and "functional/industrial designs."

Under Section 77 of the Australian Copyright Act, once an artistic work is "industrially applied" (reproduced more than 50 times), it generally loses its copyright protection.

so...for now...Australian Handpan players' instruments are safe from legal confiscation!

Get yourself a Handpan and come into Symmetrical Drumming Australia to learn ‘How’!

At Symmetrical Drumming Australia Handpan is taught as the perfect triple bridge between Rhythm, Melody and Harmony!

Handpan is so much more accessible than Piano or Guitar, so much more 'easy on the ear and the hands' than Djembe, Conga, and Cajon! And yet all the dimensions of drumming apply to the handpan...including, control of dynamics, duration, timbre, pitch, duration and division...with the strong melodic nature of the handpan and its dominant octaves and fifths in its makeup.

Drummers and non drummers alike...get a lesson now!

https://SymmetricalDrummingAustralia.Org

Thanks for your persistence in reading to the end of this circuitous prolix! I love handpan playing and hope you do to.