Is this piracy???

[Plumdragon]

Hello Friends Having recently looked at a thread relating to offering scans of Micromodels WWII tanks (and an awful lot of copyright info to boot) I was wondering how it relates to my own little sideline of 're-working' old Micromodels, something I do purely for my own pleasure.
I love those old models to bits, but some of them just don't fit together well enough for me, and the printing can be poor. Anyway, I've built quite a few steam locomotives and coaches now, and in the case of the Southern Railways Battle of Britain loco here, it's been redesigned as well as redrawn, which also applies in varying degrees to all the Micromodels I have built. I really enjoy doing all that detail work!
In the pic you can see the original Micromodel B.o.B pieces as they fit together, and below is my rendition. I've also added a couple of pics of the finished model.
My renditions still look like their originals, and to a casual observer they might be considered identical; I aim to make them as faithful to the originals as I can, without the fit/scale/print register/colour etc issues that the originals often possess, and my renditions utilise lots of bits and pieces of the originals, cut and pasted, to keep the 'flavour'; for example, I will use pieces of a railway coach widow frame to make a set of nice even and consistent frames, or swatches of colour lifted off the originals to keep the 'hand inked' textures.
Now, the thing is, if I ever offered any of them as kits (not using the Micromodel name, of course) would this still be construed as piracy? bearing in mind that as far as I know all the models are still 'owned' by someone? Or am I better off just doing my own designs even though they will end up looking just like a Micromodel?!? I realise this might have been discussed elsewhere but some fresh insight would be helpful to me.
Plumdragon

[elliott]

The model(s) are yours to do with as you wish, provided that you don't distribute them in any way, ie give them away or sell them. To do so would be a violation of the owner's copyright asd as such is not allowed on the forum.

Derivative works are a little bit murkier. Based on the photos you posted, I'd have to say no distribution because, as you said, they are almost an exact copy. To the best of my understanding, if any part of the redrawn object can be identifird as the original model then redistribution is not allowed. I'm open to hear from others on this point. Airdave, where are you?

Bottom line - ask first, if in doubt don't do it.

[thorst]

Topic subscribed. This will be "fun".

(Sorry, Plumdragon...)

[Vermin_King]

I do have to say I like the work you have done, but distributing copies is definitely skirting the grey area and probably on the dark end of that

[nebeltex]

Elliot got it correct.... it would be best to come up with your own designs.

[goodduck]

Your work don't look identical at all. Your is much more clear in details. From what I see, you basically use the original as a reference to build your improved version. We do that in entertainment industry all the time. I think it is ok if you give credit to the original designer and call this your repaint/updated version. I don't think the original designer will have a beef with you on that. I think your real problem if it come it would came from the train company (if they still around) or the one that own the patent of the real locomotive. If the original card model designer ever give you beef. Ask him/her if he/she hold the train company endorsement/license and can show you? If 'no', then tell him/her to "go away, thank you". A lots of designers and vendors will sell models such as automobiles for example, but didn't hold the license from cars companies. So, they/we all are committing piracy too. The different is just that some committing a little bit less piracy than other and some committing a little bit more. Piracy really is a funny word.

[ashevilleangler]

The Micromodels copyright question is actually a bit more complicated than it might seem at first. For most of the newer models a company named Autocraft owns the original printing plates and artwork. Reprinted and redesigned Micromodels have been published by several companies including Micromodels USA. The website "http://www.worldofmicromodels.com/" has a database with information on allmost all of these models.

One easy way to tell if the model of interest is in the public domain is to check its' listing on this database. If the listing shows Autocraft as the current owner, then it's not public domain. The other models are available to anyone to use as they please or at least this is my understanding. The database also lists the reprinted and redesigned models.

I hope this is helpful.

Curt

[ashevilleangler]

According to the database mentioned in my previous post the “West Country” Class Southern Railway locomotive and tender model was originally published by Micromodels Ltd as part of the M II set. The rights to this model are owned by Autocraft.

A very similar model the SR Channel Packet was published by the Modelcraft Company and is a public domain model.

Curt

[nebeltex]

We have gone through similar questions before. As someone who has been designing for a long time, I can tell you it is best to develop your own design style, and not look at the work of others. From time to time, some may question a new design, but that depends on the subject. There are only so many ways that a designer can design a rectangular building with a pitched roof, or a "slab-sided" assault glider. You likely have the ability (or soon will) to offer good things in paper design. A close look at the "market", will give you your best results. People don't plan to fail, they fail to plan.

[Yale]

Let me echo Nebeltex' comments. If you develop your own models from the original trains, they're bound to resemble the Microtex versions, as they share the same starting points. But the Microtex models are elementary, so that adding even a modest level of sophistication -- e.g., separate wheels and linkages -- to yours would seem to eliminate the possibility of copyright infringement. Furthermore, that would enable you to claim copyright protection for your own designs.