Hello everyone, Recently Athearn annoucned the newest tooled version of their HO scale GE AC4400 as part of their Genesis 2.0 line up, included with steerble truck details. Please do lot they intend to release more details this coming june as to which railroad liveries are included in this new run etc. I noticed some commented asked if the well know fictional Utah Belt (a well known freelanced model railroad by Eric Brooman) would be included. One of them said now as it was Eric Brooman's road and that he would not want that, which I agree with and understand. I then asked myself what the process would be for model railroad manufatcurers such as Athearn to ask modellers of well known freelanced railroads in the hobby to have their own custom liveries/road names they came up with to be added in a lineup of mass manufacturered locomotives and rolling stock?I remember first seeing two well known freelanced railroads, being the Allegheny Midland (made by Tony Koester) and the Virginian and Ohio (made by W. Allen McClelland) included in Intermountains lineup of HO scale ES44AC gevos that came out a few years ago and in Fox Valleys N scale line of of the same Gevos as well. So what is the process? Do they get royalties, certain licensing agreements, credited etc? What are Tony Koesters and Eric Broomans thoughts on this?
I guess they could write a letter and ask permission. Assuming the logos are copyrighted, I think that's all it would take.
If anyone wanted any of my freelanced names or color schemes, I would be honored.
It takes an iron man to play with a toy iron horse.
I have been contacted by two entities about duplicating my custom paint schemes onto special run models.
Neither of these groups wanted to do a STRATTON AND GILLETTE freight car!
I responded to both with the same information. I told them the decals were acquired by me through trades with the ficticious railroad builder, and I did not have names or contact information for the designers.
In both cases the people responded and said that in that case they could not produce a run of cars.
So, it seems they should at least get some sort of permission, but I have no idea what legal requirements might be.
By the way... if they wanted to do an SGRR car, all they need to do is ask!
I have a UTAH BELT boxcar that I made myself using individual letter decals.
-Kevin
Living the dream.
If you are part of a club or other organization thinking about doing this, you should contact a lawyer familiar with copyright law.
Someone's freelanced railroad name is a creative creation so it could fall under copyright law. I'm sure a company like Athern has their lawyers write up a agreement/contract for the person to sign.
Whether the person actually gets money depends on the terms in the contact. If your railroad is popular enough you may have leverage to get some royalties, or people may just be very excited to see their railroad on there people's layouts.
Engi1487,Well, I can speak as someone who has had their design copied by manufacturers...twice!
I'm a member of the South Shore Model Railway Club of Hingham, Mass. In 2009 as a member of our Club Car Committee, I designed a covered hopper paint scheme for Revere Sugar based on an old empty bag of sugar we bought on eBay and scanned.
The real Revere Sugar paint scheme was an all-black covered hopper with white lettering, which is kinda boring. I thought a car painted in the sugar bag's colors & logos would be much better. A white car with blue ends and bottom, black lettering and an angled blue sign with "REVERE SUGAR" on it. In addition, there's Paul Revere riding a horse; Mr. Revere is facing right, but on the original bag he faces left. I flipped him around because it looks like he was riding away from the logo and I thought he looked better running towards it. We used the Athearn HO RTR covered hopper, and it looked like this:
Then, in 2018, I happened across an MTH advertisement in O-scale. They even used the same number series and reporting marks:
When I found the MTH model, I did a Google search and found another, this time from Aristo Craft in O-scale:At least they changed the reporting marks, numbers and added more text.Note that both companies used the right facing Paul Revere...something only we had done.
Neither company contacted us for permission, and neither company gave us any credit what-so-ever. What are we going to do, sue? With what money and what would it gain us? A few hundred bucks, maybe? Not worth the effort.So as far as I can tell, there's no process, there's no royalties, no licensing agreements, and certainly no credit given...at least with MTH and Aristo Craft. But then Aristo Craft is out of business and MTH will soon be gone as well and our club is still going strong.
In 1986 I was having an inch-and-a-half locomotive built for me. I wanted it painted Chessie System and the guy doing it for me wanted to be sure there was no problem with the "brass".
Chessie by Edmund, on Flickr
1.6 inch scale GP50 by Edmund, on Flickr
I used to write to many railroad public relations departments asking for I guess what would be called SWAG today. Nearly all of them replied and more often than not they would send photos, timetables, maps, sometimes playing cards and from the Southern Railway, a set of eight double old fashioned glasses.
Sometimes, railroads were people, too
Cheers, Ed
The Eastern Maine Model Railroad Club in Brewer, Maine has been doing runs of private and local rail cars for years, in support of club activities. Way back in the 1980-90's they asked for permission to do some box cars with my Fundy Northern Railroad theme. I was flattered, and gave them permission. I had attended their annual shows and got to know some of the crew.
As a thank you, they sent me six of the FNR boxcars! I've given five of them to local railroad friends over the years.
Bob Boudreau
CANADA
Visit my model railroad photography website: http://sites.google.com/site/railphotog/
Were Gorre and Daphetid cars manufactured while John Allen was alive?
Henry
COB Potomac & Northern
Shenandoah Valley
BigDaddy Were Gorre and Daphetid cars manufactured while John Allen was alive?
All I know is that if I were to have a freelance railroad popular enough for someone to produce factory painted locomotives of, I'd consider a couple of them gratis to be an adequate agreement.
For the last decade I been thinking of Trademark and Copyright my railroad (GNOR, SBSO) and some businesses (Rachel Beer and Beverage Co.) I designed them back in 2001 and expand them into and outta college in 2005/9. I would need to ask my social security office.
The only thing I didn't design yet is the railroad stock bond. It's more about protecting my imagery investment. Getting a company printing out a real locomotive or freight car would be a bonus.
Amtrak America, 1971-Present.
angelob6660It's more about protecting my imagery investment.
The only problem I have ever had was some clown passing off STRATTON AND GILLETTE pictures I took as his own model work on another forum.
I doubt any protection could stop that nonsense.
SeeYou190 angelob6660 It's more about protecting my imagery investment. The only problem I have ever had was some clown passing off STRATTON AND GILLETTE pictures I took as his own model work on another forum. I doubt any protection could stop that nonsense. -Kevin
angelob6660 It's more about protecting my imagery investment.
Yeah, We could try to stop them discrediting our work. Those people far and thin between, sorry that it happened to you.
NittanyLionAll I know is that if I were to have a freelance railroad popular enough for someone to produce factory painted locomotives of, I'd consider a couple of them gratis to be an adequate agreement.
Or beer
Even Union Pacific had issues with maintaining their fallen flags as besides everything else the is a must be used clause in copyrights. Anyone want to use Pacific Fruit Express, it was available last time I looked.
Which is why BNSF still has freightcars that use the predecessor lines logos (with BNSF marks of course)