Crazy THought!! What if I Ressurected the V&O Afton Division. Is it even legal?

Hello,

While I am sitting here bored with nothing to do. (Kind of a problem when your 45 miles from your workshop.) I had this crazy question pop into my head. What legal rights would I have for proceeding for wanting to Ressurect the V&O Afton Division. This thought stems from the fact that I am still kind of stung in my failed attempt to save the Afton Division in its entirety. Obviously I would be treading on Allen McClellands sacred turf, and I would personally want his blessing before proceeding with such a bold plan.

But truth be told the V&O has always been one of my #1 favorite model railroads, and while the Gauley Division is slowly taking shape. I still can’t help but feel a sense of loss for the late great Afton Division.

I conceede there are many obsticals in my way at the moment keeping me from proceeding. However, If I were to proceed with this plan. What grounds would I stand on Legally? Could Allen issiue forth a ceace and decist order? Then there is the question of just what sort of hobby taboos would I be breaking if I even did proceed if I were legally entitled to do so.

My desire to ressurect the Afton Division is from a desire to see a once great model railroad live again. And would be constructed to the highest standards possible. Obviously there would have to be some minor changes like using DCC rather than the analog command control of the original, but I would want it to be something that not only I could be proud of building. But some thing that Allen could take pride in to some extent as well.

What are your thoughts on this?

James

I am guessing our thoughts would be the same this time as the last time you brought up the exact same topic almost a year ago as “Student of Big sky Blue”.

A synopsis: you could certainly copy it without any problems. But since even Mr. McClelland has moved on to a new layout, a lot of people wondered why you’d bother. Although when you changed IDs your posts were lost, you can read what everyone had to say then here:

http://www.trains.com/TRC/CS/forums/603586/ShowPost.aspx

Now I do feel stupid.

Thank you and I will read up.

James

heck james build it BUT run it as a shortline/regional with NO V&O power at all. after all if the prototype can do it why can’t we?

tom

Imitation is the sincerest form of flattery…

The V&O wasn’t original. It was renamed from a railroad that appeared in 101 trackplans by Kalmbach. Originally it was designed as a northwest pacific railroad called the Port something or other that I forget. Alan saw it and liked it and modifed it. I liked it too and almost built it but I didn’t like the wye at the end and couldn’t figure out a way to change it. So even the original was a copy.

“What has been will be again,
what has been done will be done again;
there is nothing new under the sun.
Is there anything of which one can say, “Look! This is something new”?
It was here already, long ago;
it was here before our time.”

King Solomon (italics added) BC 977.