Extra…Extra…Read all about it! UP sues Photographer (and his Mom!)
Hot off of the Model Railroad News presses comes this tidbit of information in Volume 11, Issue 8 - August 2005, page 34.
I’ll have to let you read it for yourselves, but I do agree with the author’s last sentence…“Frankly, it would have been cheaper and more effective if UP had simply purchased the entire run, sold them as railfan memorabilia, and turned a tidy profit on a dandy product.”
And another great quote from the same article…“Maybe the rest of the railroad should sue the legal deptment for defamation of character.”
No surprise there! It was apparent early-on that UP was going to go after everyone to extract their ransom. Absolute fools! I can’t for the life of me understand why some hobbyists (and some manufacturers) out there are still supportive of that greedy corporate entity. But it is good to see that some model manufacturers who negotiated licensing agreements wth UP (I wish none had done so) are charging extra for UP-decorated items and are not passing those fees along to all customers. That still doesn’t satisfy me, but at least it’s a small step in the right direction.
I think someone on the management team at the UP must have been watching some late night TV and seen the following commercial:
“Are you the owner of or the executive for a large national railroad company? Aren’t you tired of novices coming alone, taking a few photos of your valuable locomotives and then making a couple of bucks to buy food? You may be entitled to riduculous amounts of compensation for this nickle and dime activity. Take them for every thing they have and then some. Call 1-800-SUE-FAST. Remember, you don’t pay any fee until the vultures are circling overhead. Be one of the first 100 callers and receive a free versatile muti-purpose kitchen utility knife.”
Maybe this will inspired some new television show for this fall… I can see the teasers now: “UP: Special Legal Action Unit.”
Almost sounds like a terrorist organization… and maybe it is of sorts.
So, since this guy is selling a calendar with UP pictures in it, wouldn’t that benefit the railroad being that you are promoting it[:0]. And, why is the UP so upset? Whats next I wonder, ohh boy! I agree with TRAIN FREAK 409, you can’t spell stupied without UP, HA.[:p]
YAY! A SUPPORTER! Everyone is getting annoyed in the MR forums, saying that everyone should quit bashing UP. But there is something not right about a railroad that can’t keep a demo unit on the track and out of the river. (The SD70ACe incident.)
Sorry partner I hate to disagree, but UP has a right to do this if you don’t get licensing to do a UP calendar you can be sued. Why shouldn’t UP be able to make money off of their train, which are used in the pictures.
James[C):-)]
"Everyone is getting annoyed in the MR forums, saying that everyone should quit bashing UP. "
Quit criticizing them for a greedy and ridiculous policy? I don’t think so! The problem is that they’re not being criticized nearly enough, or in the right places. My fervent hope is that model makers will do their part, in a small way, by simply limiting the number of UP items they release, and that rail photographers, book and magazine publishers, and memorabilia manufacturers will do likewise (which is likely to happen in any event). Squeeze them until they dry up in terms of their corporate image, and until the only thing the public sees or reads about UP is their latest accident. That’s about the only thing that will, over time, force them to reconsider such a greedy policy, and it’ll sure keep their public relations people working overtime on damage control. Small steps, perhaps, but they can definitely have a pronounced effect.
Speaking of the UP in a friendly fashion, rumor on another list has it that they are repainting a few engines in legacy outlines - for MKT or MP - at the WSOR’s shops…
Well if they are doing some “Legacy Repaints” anybody want to bet as to whether or not they, UP, start suing more people over copyright infringement.
Or am I just being cynical. [:P]
Better watch out all you scale modelers, if you have a layout that depicts UP operations you might be next. [8]
If I take my new digital camera about a mile down the road and take some pictures of CSX and Amtrak trains crossing the Occoquan River, I can get sued by CSX or Amtrak if I use MY pictures in MY calendar???
If so, then I think our so-called “justice” system is even more out of whack than we realize.
I have no complaints if this man used photos taken by UP company photographers since then they would remain the property of PU (NOT a typo). But when any company can claim control over personal photos then something is radically wrong.
Greedy and ridiculous?
If some company wanted to make a calender out of images of your face, should you be compensated? I agree that UP is doing it totally wrong. Rather than act like brutish apes they could use the kinder gentler approach. They are entitled to reap the benefits of the company they manage. Fallen flags however, should remain where they are, a part of history. The problem is that they’re not being criticized nearly enough, or in the right places
Now you’re just being silly.