Copyright

FrankG

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Nov 19, 2004
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Just out of curiousity....does anyone know the answer to this? What allows a model railroading company to reproduce trademarked symbols and material without being in violation of copyright and other laws? For example....you can buy billboards and signs of real companies...Coca Cola, Greyhound, Texaco, Chevrolet, etc. I can't imagine that the companies that produce these accessories are actually getting permission for these reproductions. OR..does this somehow fall under fair use? Does the same apply for RR heralds? I mean...in theory, a herald could still be a validly held trademark.
 

Marxed

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Jan 29, 2005
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they get premission to do so.. some companies can charge the model producers money to use there logo or name.
 

eightyeightfan1

Now I'm AMP'd
Jun 18, 2002
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Torrington, Ct.
FrankG said:
Does the same apply for RR heralds? I mean...in theory, a herald could still be a validly held trademark.
Thats why the UP is dragging everone into court. They want manufactures to liscence thier logo for use on models. They did try to take one company to court because they were making models with the Katy, WP and others that the UP took over in mergers. They lost that one because the court said that because the railroads didn' exsist anymore, the UP couldn't own the logos. Thats why you're starting to see UP SD-70's in what they call"Heritage Paints". Unfortunatly, it only works for models of SD-70's with that paint and reporting marks. I read the UP actually had to licsence the CN&W's logo.
Some histroical scocieties own the logos for fallen flags. The New Haven Railroad Historical and Technical Scociety owns the New Haven's logos.
 

zedob

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Dec 26, 2004
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eightyeightfan1 said:
...Some histroical scocieties own the logos for fallen flags. The New Haven Railroad Historical and Technical Scociety owns the New Haven's logos.

SHhhhhhhhhhh...Keep it quite, until I get my supply of decals.
 

MasonJar

It's not rocket surgery
Oct 31, 2002
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FrankG said:
Just out of curiousity....does anyone know the answer to this? What allows a model railroading company to reproduce trademarked symbols and material without being in violation of copyright and other laws? For example....you can buy billboards and signs of real companies...Coca Cola, Greyhound, Texaco, Chevrolet, etc. I can't imagine that the companies that produce these accessories are actually getting permission for these reproductions. OR..does this somehow fall under fair use? Does the same apply for RR heralds? I mean...in theory, a herald could still be a validly held trademark.

One word - licencing.

The vast majority of the products are in fact licenced. Which also explains why some things are NOT available - such as any Fords other than the Taurus and F-150 ;) Ford has not given anyone permission to make and market other vehicles.

Any of the major manufacturers - Bachmann, Walthers, Athearn/Horizon, and so on will get the proper rights to avoid litigation. You may be correct on some of the smaller "cottage" manufacturers, but UP has made it clear that they will go after just about anyone.

Andrew