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Southern Pacific Decals

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  • Southern Pacific Decals

    A Club-member tonight told us that Micro-Scale has ceased production of all Southern Pacific decals, pending "settlement" of the question of "rights" with the Union Pacific railway. It is unfortunate that no manufacturer has had the courage to use the "Fair Use" defense to UP's demands, as there is obviously no competition or possibility of confusion between a model and the prototype.

  • #2
    At the risk of bringing this whole debate up again, the doctrine of Fair Use does not apply to owned property copied for resale. It is primarily for works for research, news reporting and education.

    From the website

    § 107. Limitations on exclusive rights: Fair use38

    Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

    (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

    (2) the nature of the copyrighted work;

    (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

    (4) the effect of the use upon the potential market for or value of the copyrighted work.

    The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.