Selling your models: do they have to be licensed?

[Simon Robinson 4Participant @simonrobinson4]

If you make scale models of say Hitachi trains or Boeing aircraft and intend to sell them, do they need to be licensed by the manufacturer of the object that’s being modelled for example does a model Boeing 747 have to be licensed by Boeing even if it’s made entirely by yourself and your own plans?

[Simon Robinson 4Participant @simonrobinson4]

[EmgeeParticipant @emgee]

Unless you want to prove authenticity to the original subject so assisting a sale I see no reason why you would need to licence them, if you needed to who on earth would you licence them with ?

Emgee

[BufferParticipant @buffer]

I don't think you need to worry about that sort of thing.

I guess the model making industry  who make branded  merchandise for sale in shops with Boeing branded boxes etc  probably have to. 

Edited By Buffer on 03/12/2021 07:46:26 

Edited By Buffer on 03/12/2021 07:53:57

[SteambuffParticipant @steambuff]

It depends ….

If you make and sell say models of Thomas the Tank Engine …. you might need to register and pay a fee if the volume was high!!!

Also some railway companies have been known to demand fee's if you use/sell their livery!

Bust is sold unpainted then you should be OK

Dave

[SillyOldDufferModerator @sillyoldduffer]

I don't think there's a simple answer, and the 'intend to sell' part makes a big difference.

When a business sells models for profit, they can expect whoever owns the copyright, IPR, or trade-mark to want a cut! A business is also required to pay tax, ensure products are safe (toys are different from display models), satisfy consumer law, and a host of other complications.

So, decide if this a business or just a minor bit of below the radar private enterprise unlikely to attract attention. An example might help:

• A friend quietly paying for a copy of the Hogwarts Express for private display at home is unlikely to be a problem.
• The same engine used in a TV advert would attract attention. Someone would have to get permission and pay.
• Selling a trailer full of Hogwarts Express engines at a Xmas Market would probably result in a tap on the shoulder and worse.
• Selling hundreds of Hogwarts Express Models on the internet would result in spectacular legal fireworks!

The owners of the JK Rowling Franchise aggressively protect their ownership of the Hogwart's Express. I've no idea how Boeing or Hitachi would react, if at all, but I'm sure they would protect their interest if there was money in it.

Essential to avoid existing franchises. Copying current designs is riskier than modelling yesteryear. But I think the real trigger is the amount of money involved: up to a point no-one cares what we do, after which it gets more and more exciting with increasing value. A chap making a bob or two on the side in his shed is very different from a professional CNC shop churning stuff out 24×7. Which are you?

Dave

 

 

 

Edited By SillyOldDuffer on 03/12/2021 10:21:03

[martin haysomParticipant @martinhaysom48469]

safer to make it your's and not a copy

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