Re: A Last-Minute Stocking Stuffer: Snow Goose on the D&S

Some good points. My research (With an attorney who knows trains), was that you cannot duplicate something that someone else has the original version. For instance Goose 5 as you stated. If I built a brand new Norfolk and Western Class J 4-8-4 and numbered 611 with Norfolk and Western on the side of the tender, that would be a violation of copyright law, just like stealing someones works as in video, photos, or artwork. What I was told was that if you do video, stills, or paintings of something, it is simply your "artistry" or rendition of the subject, and you are not copying the artifact that is being seen.
I believe this type of stuff is a CYA situation, or for really big shot Hollywood types that use footage perhaps. You know the guys with the really big bucks, not us low budget types!!!
As far as D&S is concerned Les Jarrett and I did a piece with the D&S in our first America By Rail video in 1994. We were reluctant to contact them because we had heard some negative things. We had finished our last bunch of footage on Donner Pass, and decided to call them from Nevada before returning home to Indiana/Ohio. The PR person was very nice and welcomed us. The next afternoon we met them, and they sent us on a roundhouse tour with the trainmaster, plus secured Les a ticket on the 8 am train the next morning. An unfortunate death in my family the night before caused us to abbreviate by Les riding to Silverton and I chased and picked him up. The D&S to their credit was very good to work with. That video turned out to be one of the all-time best selling railroad videos (not bragging, but it sold a ton of units through the distributor). The point is I am sure they benefited for the little bit of effort in this case, and the first scene in the video is the D&S. We had no idea how the video would sell, and most folks do things like this on speculation hoping for the best. For every winner there are probably 5-9 losers!
My only concern in all this is if we have to go through lawyers every time to take a train photo it will turn off a lot of folks that don't like it, and they will simply stay home or do something else. Best to perhaps contact someone first I suppose if you plan on marketing images, like the logo for someone on a toilet seat like someone did once!!!
Happy Holidays.