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Just wondering, when a company makes a model, do they have to ask permission/pay a royality to the owner of the original? e.g. you buy a wagon, did they need ask Evergreen if they could place their name on a container?
 

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Union Pacific tried suing model manufacturers for not paying royalties, but backed down sharpish when MTH stood up for itself. Very bad publicity for Union Pacific plus the fact that they would have to have handed over tens of thousands of documents where any UP employeee mentioned model railroads might have had something to do with it.
 

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Interesting about MTH & UP, however, in Europe manufactures such as Piko & Herpa do in fact have to seek permission, obtain a "licence" & pay royalties.

That's why the prices of otherwise identical trucks & locomotives vary ! Some companies take the sensible view that they are getting free publicity, some are greedy & others are not interested at all.

Could explain why (ASAIK) you cannot get an HO model of a "Norbert Dentresangle" (spelling ?) truck in HO - one of the biggest fleets in Europe - for years you could not get any Eddie Stobart vehicles in HO because Corgi held the rights &, of course do not produce HO vehicles - I'm certain that someone does do a Stobby in HO though now, probably "sub-licenced" from Corgi !
 

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QUOTE (dbclass50 @ 14 Oct 2007, 08:12) <{POST_SNAPBACK}>"Norbert Dentresangle" (spelling ?) truck in HO - one of the biggest fleets in Europe
Never heard of them! This must be why...
I think that the situation is improving as many companies realise it can be free publicity and at the very worst utterly harmless! Given that modellers have a preference for modelling reality (you don't say Goedel!) then these companies have nothing to fear from their 'brand' being misused, unless the model is so bad as to be utterly unlike the prototype! And there have been a few a few of those!
 

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An individual is quite at liberty to make a model of whatever they want to. So if you wish to model a particular company's containers, trains or road vehicles go ahead and do it. After all, if you photograph such items in public places the photo copyright is yours. It's only if you try to sell such models and make a profit from it that someone might start asking about copyright and licence fees.

Regards,
John Webb
 

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I think there was a little more to the MTH story.

UP tried to sue them because most of the other manufacturers agreed a portion of the final model (i think it was $2) was to go to UP. but MTH refused and said "sue us". UP promptly did this but at the last minute UP realised this was causing them some serious bad press and accepted a token sum from each manufacturer in exchange for a license to use the logo.

The problem facing the companies is that if they dont sue then someone with less honerable intentions can come along and use the logo and if they are taken to court can point out that the other people who are using the logo dont pay either.

The TOC's in the uk are very carefull about who they give the licences too. in return it can be very frustrating for a company like hornby who spend lots of money on a GNER licence and then the only livery change they do is paint the doors red!!!!

Peter
 

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QUOTE (dbclass50 @ 14 Oct 2007, 08:12) <{POST_SNAPBACK}>Could explain why (ASAIK) you cannot get an HO model of a "Norbert Dentresangle" (spelling ?) truck in HO - one of the biggest fleets in Europe

Corgi have the licence for Norbert as well......

QUOTE (goedel @ 14 Oct 2007, 12:09) <{POST_SNAPBACK}>Never heard of them! This must be why...


How about England and Kohne & Nagel?

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QUOTE (BRITHO @ 15 Oct 2007, 13:27) <{POST_SNAPBACK}>How about England and Kohne & Nagel?
No no, that one is very easy to explain - it actually Kuehne & Nagel!



Herpa have permission in N (where the writiing is too small to be read!!!) at least!

On an unrelated note, are not 50 pence pieces a brilliantly designed shape?
 

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QUOTE (goedel @ 15 Oct 2007, 20:01) <{POST_SNAPBACK}>No no, that one is very easy to explain - it actually Kuehne & Nagel!

On an unrelated note, are not 50 pence pieces a brilliantly designed shape?

Sorry I couldn't remember how to spell it......has any body noticed they have got one of the brewery contracts under the marking of K&N logistics.

Personally I prefer the functionality of the 20p


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You can also go the other way a la Marklin and pay to have the loco painted so that you can sell models of it.

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QUOTE has any body noticed they have got one of the brewery contracts under the marking of K&N logistics.
I noticed the the Scottish & Newcastle name had gone from the nearby distribution depot. The trailers I see on the roads still advertise the brew. I'm not sure about the cabs, but this is the smaller stuff.

David
 

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The SBB have done it, particularly on the Re460 with commercials on them, and they also grant exclusive rights to certain manufacturers - for instance, the Jubilok Re460 was done by HAG
in HO scale, and by Kato in N; nobody else got a license to make these engines.
 
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