Licencing

**joshuajaeseo** · #1 07-18-2016, 12:10 AM

I'm thinking about doing some recolors on an airliner on ecardmodels. I have a question about licencing though. I looked through Sumato's 767 and 777 threads, and I saw that he couldn't do some (like KLM) due to licencing problems. How do I avoid such problems? Are there certain airlines I can't do without paying a ton of money? Are bankrupt/old liveries exempt from licencing? If you guys could help me out with this issue, it would be greatly appreciated. Thanks!

**mbauer** · #2 07-18-2016, 08:17 AM

Probably a trademark issue. You can not re-sell them. But if you're wanting one for yourself, you might be able to do a one time version.

Best to look up Trademark Laws to be sure though.

Mike

**Richschindler** · #3 07-18-2016, 08:32 AM

Not sure on that one. But look at plastic models. You can buy a model and then buy aftermarket decals for the kit. KLM included.
As stated, if your just doing it for yourself, and not reselling them once it's been recolored, it should come under the same set of rules.
Just my take on it, no, I'm not a lawyer. So?????

**John Bowden** · #4 07-18-2016, 08:58 AM

If you sell something with a companies logo they can sue you and either get a percentage or force you to stop selling......... if you GIVE away something with the logo at least they can not sue to get money since you are giving it away... but they can sue you to make you stop giving it away.

This is one reason some people design or recolor model for free or not for sale.......

Again if it is something that you want for yourself and no one else you can do it....... it is when you start putting out for other to buy is when you can start getting into trouble...... most companies want to make money for themselves not others.

We are fortunate to have companies like Microsoft, Disney and others that don't care about making money............ YEAH RIGHT!!!

**joshuajaeseo** · #5 07-18-2016, 04:25 PM

Quote:

Originally Posted by John Bowden

If you sell something with a companies logo they can sue you and either get a percentage or force you to stop selling......... if you GIVE away something with the logo at least they can not sue to get money since you are giving it away... but they can sue you to make you stop giving it away.

This is one reason some people design or recolor model for free or not for sale.......

Again if it is something that you want for yourself and no one else you can do it....... it is when you start putting out for other to buy is when you can start getting into trouble...... most companies want to make money for themselves not others.

We are fortunate to have companies like Microsoft, Disney and others that don't care about making money............ YEAH RIGHT!!!

So am I safe if I do a bankrupt livery or an old livery?

**John Bowden** · #6 07-18-2016, 06:57 PM

depends on who's model you are planning on recoloring........ it is best to get the designers permission before starting to save yourself a lot of wasted time and effort IF they don't want anyone to do a recolor.

Paper Replika models are good to do, as Julius allows it, but for a designer that sells their models you do need to ask permission. Some designers do not like others to change their work........... I'm just saying, it's always better to ask before doing and releasing............

But no longer in business liveries are a safer bet than big multinational companies............

AND AGAIN......... IF you are doing a recolor for yourself and WILL NOT let it out to anyone else, you can do whatever you want............. but you may not be able to post pictures of it. Some designers do not want others to change their work even for their own personal use,,,, but IF you don't tell anyone or post pictures of it......... no one can be the wiser.

**joshuajaeseo** · #7 07-18-2016, 11:29 PM

So if I have permission from the designer, I'm fine to do bankrupt/old liveries?

**mbauer** · #8 07-19-2016, 12:18 AM

Quote:

Originally Posted by joshuajaeseo

So if I have permission from the designer, I'm fine to do bankrupt/old liveries?

Depends; Was the company bought out eventually? Or if it is a copyright (meaning something that is published) the copyrights could still be in effect.

Papermodels are copyrighted. Something you can print or publish, like art work.

If you mean the KLM livery, you need to dig deeper.

Pretty sure no-one here can say yes, you're ok. Way to many variables and legalities to hurdle over.

If the current model designers says it is ok to re-paint. Then it is ok to re-paint their model, but be careful if you want to offer it for sale or download.

If the paint job was trademarked, that you want to use, you will need to investigate if anyone still has the trademark ownership. Possibly asking them for permission as well.

Not an attorney, but better to investigate on your own to find out more information, so you can answer your own questions.

trademarks can be bought for many different things, shapes, paint jobs, sayings, etc....

Google trademarks and start reading to find out what you're up against.

Mike

**joshuajaeseo** · #9 07-19-2016, 01:20 AM

I was going to do some US Airways liveries, which was bought out by AA.

Will airlines state on their website that their logo, livery, etc are trademarked?

**whulsey** · #10 07-22-2016, 07:56 PM

Usually somewhere in the fine print. When there is a buy out the new owners usually get everything includes trademarks, etc. And some such as Mercedes are really hardcore about it. When they held Chrysler they were going back and nailing people like the guy doing a die-cast Jeffery Quad since that was a forerunner of Nash which with Hudson formed American Motors and since Chrysler bought AMC they owned the copyright. That was a 1918 Jeffery.