Banned

[bob turner]

Just for reference, this from "Legal beagle:"

According to Section 102 of the Copyright Act, copyright protection exists in original works, including pictorial, graphic and sculptural works. The creator of an image, therefore, owns the copyright for that image. The copyright owner has an exclusive right to sell, copy, distribute or reproduce that image; anyone else who does so without his permission is in breach of copyright laws. Remember that just because an image has been uploaded to the Internet, does not mean it is necessarily free to use. The photographer has copyright protection as soon as he captures the image in a tangible form, and he does not need to register the image or attach a copyright symbol to enforce his rights.

Just because beagle says so doesn't make it so, but you can go to the source, or read other interpretations.

[robert.]

I was under the impression you could usr a copyrighted photo . If you did use it for financial gain. Example if i reposted one of your photos and questioned. Who painted it? Here on this forum. I don’t believe anybody gains from photos here. I also don’t believe it would bring more traffic here.
If you click on one of Martin’s photos. You have an option to buy it. Whoever host them for him probably takes ownership.

[bob turner]

No. There is something called "fair use" but it is limited. All of the experts caution against lifting a photo off the internet in any way that it can be detected (re-posting).

MTJ needs more participants, and more photos. Unfortunately, joining is difficult, and photos require a host.

Martin is smart enough to not have assigned his copyright. He still owns it, and any agreement with the host would have to be an express document, not some fine print caveat.

There are photos that can be copied without express permission. I forget the precise name, but it is something like "common use". (Edit: Creative Common). Also some photos are in the public domain - many of Martin's older postcard photos are in that category.

OGR is allowing re-posting out of ignorance of the law. But the penalty is not severe unless the copyright holder files a DMCA Takedown Notice, it is ignored, and the holder registers his/her images. Most of us, including me, wouldn't bother.

In my experience, once you even mention the DMCA Takedoown Notice, the offending website will do as you ask.

[bob turner]

Here is another short excerpt. It is an example of "fair use:" it is from "iPatentattorney" and is no doubt copyright text, but it is a short excerpt and is being used for educational purposes. If I copied the whole thing, they could easily sue me and win big time. Go to their website if you want to learn more - or any of the dozens of websites that pop up when you google " internet photo copyright law."

How do you find out if an image is copyrighted? Most images are copyrighted, unless the copyright has already expired (which in most cases can be 75 years or longer – so its unlikely that the copyright has already expired). So you ask, what if the photographer did not register their copyright? Doesn’t matter. Copyright is automatic as soon as the work is fixed in a tangible form of express (i.e., the photograph is taken and fixed in memory of a digital camera or on film).

So what can you do? First, don’t go around copy/pasting or even downloading images from the Internet, because you might be violating someone’s copyright. Recall those “FBI Warnings” that display at the beginning of DVDs? There are criminal and civil penalties (think “fines”) for violating a copyright.

[gregj410]

If you click on one of Martin’s photos. You have an option to buy it

Or you can screen shot it for free

[E7]

On advice from my attorneys, Dewey, Cheatem, and Howe, I just use a link!

[HONDO74]

If you click on one of Martin’s photos. You have an option to buy it

Or you can screen shot it for free

Or you can right click on the picture. Drop down screen, click on view image. right click on the image and click on image save as. and save it where you want it

[robert.]

How can model train manufactures get away with using railroad logos? If you use a PRR,A keystone along with their numbering system. You than have copied their property for a profit or used it to boost your sales.

[ScaleCraft]

How can model train manufactures get away with using railroad logos? If you use a PRR,A keystone along with their numbering system. You than have copied their property for a profit or used it to boost your sales.

Just wait. Uncle Pete did that to model train manufacturers...demanding a "license" to use the paint and name.
Until somebody higher up the food chain squashed it.
Seems like most current merged railroads have "Heritage" locos to preserve their "rights" to a name dead for decades.
Some day some entry-level lawyer will decide to demand tribute from those using the names, logos and colors.

[bob turner]

Trade Mark is different. I have glanced at it, but don't know much. Copyrights do expire - something ridiculous, like death of the holder plus 70 years. UP, etc., are trademarks. I think they last as long as they are used.

[ScaleCraft]

Trade Mark is different. I have glanced at it, but don't know much. Copyrights do expire - something ridiculous, like death of the holder plus 70 years. UP, etc., are trademarks. I think they last as long as they are used.

used to expire 7 years after you quit using it.

[robert.]

Whoever most recently bought the rights to INDIAN MOTORCYCLE. Went after people reproducing parts for antique INDIANS. They walked through an antique motorcycle swap meet handing out cease and desist orders. They had federal marshals carting away tee shirts and hats along with a team of lawyers telling backyard machinist to “ stop reproducing parts with original part numbers cast in them” About 30 vendors turned on the lawyers and chased them off the grounds. This might have been the only time in history that Harley riders ever came to INDIAN’S defense. It has been about a 3 year back and forth in court.

[E7]

Just wait. Uncle Pete did that to model train manufacturers...demanding a "license" to use the paint and name.
Until somebody higher up the food chain squashed it.
Seems like most current merged railroads have "Heritage" locos to preserve their "rights" to a name dead for decades.
Some day some entry-level lawyer will decide to demand tribute from those using the names, logos and colors.

I don't know the details, but Mike Wolfe of MTH trains Negotiated the right to use UP trade marks. There was a blurb about that fact in an issue of "O Scale Trains". I suspect that someone in UP management realized that usage of their trade marks on models was a positive thing.

[HONDO74]

Just noticed that someone deleted every post they made in this thread

[ScaleCraft]

Just noticed that someone deleted every post they made in this thread

No.
Really?

This has been in progress for how long now......and not just this thread.

Been the subject of much discussion.

Person is still active in trolleys, club car, even three rail.

Month? Month a half? Two months?