OK, here is something I have wondered for some time. Since I am the process of designing my layout, what is the acceptable practice involved when looking at layout plans from other modelers and wanting to use part of their track plan in my layout? I have run across several plans in MR (and other sources) by other modelers that have sections of the plan that would fit my particular space nicely and I would love to use them, but would they be considered intellectual property of the original owner? I do not want the same exact layout, merely then trackwork layout to which I would alter the structures and landscape to fit.
I just do not want to step on any toes and have someone say “Hey, that looks like city X on modelers X’s layout”. That would make me feel like I stole something.
On the other hand, modeler’s take actual track plans from prototypes all the time.
I just wanted to be sure I was not doing something others found to be wrong.
I think you can safely assume that a plan published in a magazine for your enjoyment is in the public domain. I cannot recall an instance where someone published a track plan and then tried to assert license or exclusive rights that would prevent others from copying some or all of it. Frankly most people with published track plans probably borrowed bits of their layout themselves anyway. Probably every layout that exists has bits of Frank Ellison, John Allen and Allen McClelland in it.
Having said that, every aspect of my layout is directly copied from the Chicago & North Western railroad as it existed in South Milwaukee WI in the year 1969. If the C&NW had “intellectual property rights” in their track plan, those rights would now reside with the Union Pacific. And a big outfit like the UP would never be so foolish or petty as to assert licensing rights over their … YIKES!!! Save me MTH save me!
I think you’ll find that published plans are not excatly “in the public domain” as some have said. You’ll note that the magazine or the author retains copyright in almost all cases. This applies to the art itself, you can’t re-publish the exact artwork without express permission
Having said that, it is perfectly legal for you to copy someone’s track arrangement on your own layout and even draw up a trackplan of your version of bits of others’ layouts, as long as you do your own work on the drawing. So you’re completley fine in copying bits and pieces of other layouts as part of your own.
It’s good form to acknowledge the original sources when you publish anything on your own layout in the future.
It is a good thing that Warren Buffet bought BNSF stock and not UP, or the GEICO Gecko would be at your door wit a bill for royalties. I take back every bad thought that I ever had about Mike Wolf.
“In the public domain” refers to something that the majority of people (of the public) recognize.
If you ask the next 1000 people who walk into a wally-world store if they are familiar with modeler X’s Y&Z railroad, the majority will not only be very puzzled, but give you strange looks. They may not even be able to name the local real railroad running through their own town. If, however, you asked the next 1000 people through that door if they can sing some words to a song about a shiny red nose, most (if not all) will start singing “Rudolf the red-nosed…” That is in the public domain. The general public recognizes it.
However, in our hobby, it is reasonable that any modeler and/or magazine publishing something is aware some viewing it may copy; or more likely adapt something they have seen. Having then purchased the magazine or book may provide one authorization to adapt the material as one may deem fit. The same can be true for any publication. You may cut out a meaningful article and save it, throwing away the rest, for example.
The copy of, distribution of, passing out of, selling of, that copywrited material without the express consent (usually written) of the magazine or book is what is illegal. Often when you submit a piece to a publisher, it becomes their property,and; you yourself may be legally banned from selling your own material again without the publishers consent. They have bought the rights to it. One should thoroughly read all the fine print regarding submissions to any publisher.
HHHMMM… obviously you didn’t stay tuned to the rest of the story. Warren Buffet bought into three railroads. He announced early on that he bought into Burlington Northern. He kept the other two quiet for awhile. He recently announced the other two. They are: Norfolk Southern, and UP.
Thanks for the information. I knew that copyright infringement would apply for the artwork, which I am definitely not copying, merely track arrangements. Once I get the ball rolling on the design and get my web page built I will be acknowledging anyone that I gleaned information from. Thanks again for everything so far.
Agreed I used the phrase public domain incorrectly. True public domain would mean RMC could reprint every MR track plan without violating copyright which of course is untrue.
I guess my point was that MR’s slogan is Dream It, Plan It, Build It and it sure would be the height of irony if once you “built it” they sued for for doing so!
I didn’t mean to imply that you could take the artwork and redistribute it or republish it without permission, that would clearly be wrong, but then that wasn’t the original question. The question as I understood it was, can you take the published plan, reproduce it’s track arrangements onto a piece of plywood or foam, lay track on top of that, then run trains. In that respect I think that this was the original main intent of the artist in many cases. Why else would there be books of track plans and track planning, like the Atlas booklets that tell you exactly which pieces to buy to reproduce the plan as shown? Isn’t that the whole point of them? Either be copied for private use in whole or in part? Or maybe I misunderstod the question?