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Exploitation of designs for commercial gain.

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Paul Denney22/06/2009 09:23:25
2 forum posts

This is a simple question that somebody at ME may be able to answer. If I were to make myself a Q1 Locomotive as being serialised in the magazine at present for my own use I am guessing thatís fine (it must be). if I made 2 and sold one to the guy in the pub I donít think that would be a problem, but what If I were to make 20 and sell them on e-bay? At what point would I infringe the design rights of the designer? Does publishing the design in ME have any effect on design rights? Does ME have rights to a design as part of the publishing contract or does it remain with the designer? >>


David Clark 122/06/2009 11:45:24
3357 forum posts
112 photos
10 articles
Hi There
f you make one for yourself fine.
If you make one for youelf and one to give away fine.
If you make one for yourself and one t sell even if only down the pub, you breach copyright of the designer.
regards David
Paul Denney22/06/2009 12:19:37
2 forum posts

Thanks for the prompt reply Dave.
I take it that it might be possible to make copies for sale with the designerís permission. I assume that would involve a licensing fee or commission and that it would be a business deal between myself and the designer and separate from ME?>>




David Clark 122/06/2009 13:08:05
3357 forum posts
112 photos
10 articles
Hi Paul
Yes, deal with the author.
Nothing to do with Model Engineer.
Bear in mind Polly engineering and the castings.
regards David
Steve Sparrow24/06/2009 00:14:15
8 forum posts
Hi David,
Can it really be so black and white?
What about the vast number of people over the years that built one only Tinkerbell / Romulus / Elidir / LBSC design (ad infinitum) for their personal use, but  later decided to sell it? Are these people all in breach? And what of bereaved family members, what would their position be?
After all, plans, castings and designs are sold on a commercial basis with implicit permission to use them to build the model. It would be unreasonable to expect otherwise. If the owner then decides to sell the model, it is his (or hers!) alone to sell if they so wish. As far as I am aware, it would be completely free of any encumbrance.
I suppose what you are saying is that just one example of a given design is permitted to be built and sold, but not two?
David Clark 124/06/2009 16:29:46
3357 forum posts
112 photos
10 articles
Hi There
That is not quite what I said.
Obviously if someone builds a loco and later decides to sell it or his heirs sell it, not a problem.
It was never built for sale in the first place but for the use and delight of the original builder.
regards David

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