Welcome! Log In Create A New Profile


Re: replication

March 31, 2001 08:27AM
Greg & Company,
This is an interesting thread, covering the gamut of art and human behavior!
I'm not a lawyer, so cannot speak with absolute confidence, but a photographic image of an object, or a painting of an object is copyrighted, merely by the act of making the image, but the object itself cannot be copyrighted by the owner of the object.
Witness all the spy photos of new cars that appear in the car magazines. As long as the photo is taken from public property, the car companies cannot block publication of a photo. If that photo was taken on company property, then it's a different matter. The same applies to railroads. If you go onto private property to film an engine, the property owner can control your ability to profit from the image. If you took the picture from public property, he cannot.
Regarding the claim that a copyrighted name on the tender allowed the owner to prevent you from using an image, I suspect that the courts would regard that as incidental, if you had taken the video from public property. Certainly, Trains, Railfan and other magazines don't contact NS, CSX or any other railroad each time they publish a photo. If, on the other hand, you have a recognizable image of a person in your photo, you will need a signed model release, unless the photo is being used in a news situation.
All that having been said, it is good business for both video makers and museum groups to get together and support each other. I feel that the video maker wouldn't have a product to sell, without the museum having the engine, and the video maker can provide great publicity for the museum. I think something like a voluntary royalty agreement is probably the most sensible way to do it.
I note that Greg has often offered to give a portion of his tape sales to the "Friends". This is as it should be. John's wilingness to give some prints to the locomotive owner is another example. Both sides profit from each other's endeavors!
Subject Author Posted

Art & Ownership

John McCutcheon March 28, 2001 06:18PM

Re: Art & Ownership

jay March 28, 2001 07:03PM

Re: Art & Ownership

Slim March 28, 2001 07:43PM

Re: Art & Ownership

Allen Tacy March 28, 2001 08:28PM

Re: Art & Ownership *PIC*

Greg Scholl March 29, 2001 05:47AM

How I do it

El Coke March 29, 2001 08:12AM

Re: How I do it

Art March 29, 2001 04:56PM

Not exactly...

El Coke March 29, 2001 08:55PM

An area to tread carefully

Eugene March 30, 2001 12:12PM

Locomotive X

El Coke March 30, 2001 01:05PM

Re: Locomotive X

RBrinton March 30, 2001 01:47PM

Re: Locomotive X

Eugene March 30, 2001 03:43PM

Psych 101

El Coke March 30, 2001 03:49PM


Greg Scholl March 31, 2001 07:47AM


El Coke March 31, 2001 08:21AM

Re: replication

Michael Allen March 31, 2001 08:27AM

Re: replication

Greg Scholl March 31, 2001 10:48AM

Re: replication

Michael Allen March 31, 2001 01:47PM

Re: replication

Greg Scholl March 31, 2001 03:49PM

Re: replication

Michael Allen March 31, 2001 06:11PM

Sorry, you can't reply to this topic. It has been closed.