copyrighting question

[master_train]

Hi guys good evening

just an idea, but i think to open my own small resin casting company
i think to produce some locomotive shells , nothing specific at the moment to tell you about, but let say any type of GPxx, SDxx. is there a copyright violation? should i contact EMD or GE (according the model ill prosuce) for tyem a approve the use of the.. name of the model? anything like that?

any input will help
thank you!

 

[Gac66610]

Personally I would seek an attorneys advice.
I will get a set of plans and it has copy write stamped all over it, but what I have heard, (so please take with a grain of salt) is that if you change one major/minor thing it is no longer in copy write.
Don't go by that, my first sentence is IMO (in my opinion) is your best option.

 

[Cjcrescent]

Yes, definitely get an attorney's advice.

 

[FCL2117]

I don't think you'd violate copyright by making a model of a locomotive, but making the master from scratch would be quite an undertaking.


Sent from my Vic20 using JavaMoose

 

[humpty]

Having a relative who does plastic mold injections... I know a little about this. The copyright they hold pertains to you not being able to go out and build an actual REAL GP**.

One thing you can not do is make the model with any any markings on it (ei build plates) If you make undecorated, you'll be fine. If you plan on doing road names, you'll have to contact the roads themselves and have them sign a licensing agreement. You'll also need submit a production plan which would contain the art work along with production numbers.

Almost all of the companies we know started out by making undec's then moved to producing road names. In the early days, the roads didn't see where they could make money off of something with a small niche. Now... money talks.

 

[NH Mike]

Licensing agreement = possible royalties for using a company's trade marks. It may even extend to historical societies of fallen flag railroads or engine builders now out of business. At the very least it would require written permission for using a name or trade mark. As has been pointed out you should seek the councel of a knowledgeable attorney, not one of the ambulance chasers that advertise on tv.

 

[trailrider]

You should definitely get the advice of a patent attorney. So far as licensing agreements with various railroads is concerned, that can sometimes be negotiated with the railroad or other entity. If you examine a number of ads for model railroad items, you will sometimes see an asterisk next to a particular road name, with the asterisked note at the bottom that it is licensed from such-and-such railroad. In the case of some "fallen flags" (roads merged or absorbed by other roads), you will see the agreement is with the latest entity. For example, Chicago & Northwestern is now part of the UP, so the agreement is with the UP. For awhile, the UP was holding model manufacturer's feet to the fire, demanding royalties. They finally figured out (after some negotiation) that they, the railroad, benefitted more from the advertising value, than from a few paltry dollars they could extract from royalties, that would have been too expensive for the manufacturers, resulting in the latter simply not producing items with the road's name, logo, etc.

 

[humpty]

As has been pointed out you should seek the councel of a knowledgeable attorney, not one of the ambulance chasers that advertise on tv.

Those ambulance chasers went and took the same test as the 'sit behind my desk and wait for the next call' guy

You want the closest legal answer without all the legal mumbo jumbo? In short... you would be in the 'grey market' if you made a 'model' of a real engine. As long as you don't make a mold from an existing modeling company and you do most of the work or "derivative work" (50% or more or your own). Also, patents have a 20 year life, non-renewable. Trademarks last 5 years, renewed every 10. Copyrights are not an issue here (Written.. ei songs, books). Patents are for mechanical properties. So if working with undec's, knock yourself out. If wanting to do road names, trademarks are the issue.

Now let me go a record my new commercial

 

[timlange3]

Making a model is no big deal, it will not be mistaken for the real thing and it will be constructed in a much different way. Even the paint scheme is not an issue. But using logos, trademarks, and names will be an issue.