Now here’s an MTH lawsuit whose outcome will, I suspect, please most of you -
That good news for everybody. Now maybe those idiotic “Anti UP” posts from people that don’t even have a clue what they are talking about will be a long forgotten memory.
I notice the URL is to the MTH website. My opinion of Mike Wolfe is I don’t believe anything he say’s at this point. He has brought this conclusion on himself. It may be good news for modelers or not. Time will tell. I model eastern fallen flags so it really doesn’t have much of an effect on me. I’ll wait to draw a conclusion after I see other manufacturers agreeing. Knowing him he got the deal by being the collector of fees from all others for UP.
This is the third thread posted on the forum already on the topic.
http://www.trains.com/TRC/CS/forums/946806/ShowPost.aspx
http://www.trains.com/TRC/CS/forums/947226/ShowPost.aspx
I would agree that it is a good thing…
Tom
Excuse me, but I think you should have read the link in its entirety…
In reacting to the end of the yearlong legal battle, M.T.H. recognized the commitment of U.P. to make a change. “UP deserves a lot of the credit here,” M.T.H.'s founder and President Mike Wolf stressed. "UP’s willingness to reconsider its position with regard to model train manufacturers’ use of its trademarks allowed a deal to be struck.
Those of us whom you dismiss as “anti-UP” were, in large part, right and did know what we were talking about.
-George
Not an unusual occurrence for this forum unfortunately. No one seems to want to search or check back a few pages but we are probably all guilty of this on occasion [:P]
Here, here, George! I’m one of those “idiots” that have been harping on the UP licensing fiasco since day one.
So to all of those who called us idiots, whiners, and trolls…to all of those that said we didn’t know what we were talking about, that we had to get along with the times and simply accept the new reality…to all of those that said it would never, ever change and that all the RR’s would start to copy UP’s original policy, I say:
Paul A. Cutler III
Weather Or No Go New Haven
No you guys weren’t right and no, you guys didn’t have a clue about what you guys were talking about. If you did then you would have known that UP had the right to charge a fee for the use of THEIR COPYRIGHTED LOGO. Do you think that Walt Diney Corp. allows just anybody to use their Mickey Mouse logo and do you think that Disney doesn’t charge a fee for the use of it? What about NFL or NBA teams, do you think that the NFL, the NBA and the teams don’t get a cut and allow anybody to use their logo’s? Come on, think about it. What about the late great Dale Earnhardt? All those shirts, hats, diecast cars, jackets etc were all made by AUTHORIZED manufacturers that PAID Dale a fee to use his COPYRIGHTED image. Earnhardt didn’t make his 10’s of millions racing a stock car, he made it selling his copyrighted image to people. Like I said, hopefully this will stop the IDIOTIC anti UP posts from people that don’t have a clue about what they are talking about.
There is one interesting facet to the thing, which is the following:
“Under the terms of the agreement, manufacturers must continue to use professional materials and maintain high standards when creating Union Pacific-branded trains.”
I wonder who gets to play judge and decide what constitutes as “high standards”. I don’t think anyone’s expecting the UP Inquisition, but still, it’s interesting to ponder. I guess manufacturers whose standards fall short of whatever yardstick they end up using will receive a C&D letter. Still, it’s good news for all the high-end manufacturers, which is the only thing that matters, right?
I won’t attempt to speak for others here, but I NEVER said UP didn’t have a “right” to charge a fee for use of their copyrighted material. As a person who produces copyrighted material of my own, I understand that concept very well. All I said was that given the climate of the hobby as a whole to do so would be counter productive.
-George
So George you understand that UP didn’t do anything wrong but you still don’t agree with what they were trying to do, right? LOL, why is it OK for sports teams and race car drivers to charge a fee for the use of their logo but its not OK for the UP? I don’t get it?
Let’s put it this way. If I write an article and MR says it wants to publish it, I have every right in the world to demand $10,000 a word from them to publish my copyrighted material. However, I think it is highly unlikely that I will get that (Am I right, Terry? [;)] )
Guess what happens if I play hardball?
My article doesn’t get published!
Who looses?
Me - and those people who might have wanted to read my article. Plus, if word gets out about the deal (or lack thereof) it is sure to generate negative feelings on the part of my potential readers.
Now add to the equation that maybe I’m independantly wealthy (trust me, I’m not) and I don’t really need the income from my writing. Why, then, am I attempting to charge MR confiscatory rates to publish my copyrighted material? Sure, I have the right to do it, but why? It doesn’t help me. It doesn’t help MR and it doesn’t help the hobby.
Generally speaking, I am not overly fond of these kind of law suits. I would have much rather seen UP decorated locomotives and cars disappear from hobby store shelves and layouts across the c ountry and then sit back and wait for the brass hats at UP to ask, “Hey we are one of the biggest railroads in the world! How come none of these model railroads show any of our equipment? Oh, yeah, the copyright thing.”
-George
I can’t comment on the model RR industry much, as I am pretty much a newcomer. But I can agree with Dave, that this practice is everywhere. We have a family band and produced a CD last year. We pay royalties on every song that is not original or in the public domain, to the “tune” of 8.5 or 9 cents per song per CD made. So, if we have 1000 units (CD’s) made and we use 10 songs that are not PD or our own, then we end up paying $850 or $900 for royalties. We have to pass this on in our costs. Think about that next time you go to your local record store and buy an album of some kind of music. In theory, this money goes to the songwriter, but I don’t know how many of them actually see it. I have talked with some songwriters who have never received a royalty check.
The bottom line is that this is done in many, many areas, we can’t get away from it. We don’t have to like it, and we are free to complain, but it isn’t going away. Life is too short to carry a chip on our shoulders. I doubt that the prices on these cars is going to come down, anyhow. I am interested in DRG&W in N, I am sorry to have to pay about $5 per car extra, but that is the way it goes. I didn’t pick this line because of the price of rolling stock, but because I like the area. I can go build my model RR, or sit and gripe because the price of a boxcar is higher than on an eastern line??? I don’t think so. Life is too short.
Thanks for listening,
FT
It seems to me George that your being kind of wishy washy. The fact is UP had every right to demand a fee for their copyrighted logo, thats the bottom line. It doesn’t matter if you, I or whoever disagrees with them, they were right. Personally I wouldn’t have charged a fee if I was them but that was their decision, not ours. I’m just happy that hopefully all the UP bashing will now come to an end.
Not being “wishy-washy” at all. I never said UP didn’t have the right to charge royalties for the use of their copyrighted logo.
BTW did you get permission from ON to use their copyrighted logo in your sig? [(-D]. How about the picture in your avatar? Did you take it? If not, did you get the permission of the photographer to use it? And did he, get a model release from ON? [(-D]
I seem to remember something about “let he who is without sin, cast the first stone.” [(-D]
-George
Here’s another UP basher right here.
I have never been a big modern-day UP fan and it’s not because of their lawsuit.
There’s something wrong with a railroad that wrecks an EMD demo unit in no time flat. [(-D] (Old news, yes yes, but it’s funny.)
But I am impressed with their move to revoke the licensing fees involved with model railroad manufacturers. Props to them for that. It’s a good move for the model railroading world, and gives them better PR with modelers. Everyone wins.
Good, maybe Ill get the Big Boy and Challenger now, and still hate modern day UPee.
Victor
Happy Railroading.[swg][swg]
Actually George the Ontario Northland is owned by the Ontario government, so since I’m a taxpayer I actually own some of it, lol. Nice come back though.[;)]
I have to say that when re-entered the hobby last year about this time and heard about the UP license thing it really turned me off to buying anything with UP branding. There are alot of other road names out there so I decided to boycott UP. [2c]
Good for MTH.
However, where were MR, RMC, NMRA and MRIA during all of this? Nowhere, that’s where. Silence, deathly silence from the two leading magazines and the two major organizations who set standards for our hobby and who should be looking out for us.
Why were there no editorials railing against UP?
These four organisations should be ashamed of themselves.