SEARCH FINESCALE.COM

Enter keywords or a search phrase below:

A bit of help with model history

3982 views
21 replies
1 rating 2 rating 3 rating 4 rating 5 rating
  • Member since
    February 2012
A bit of help with model history
Posted by Chopper Greg on Tuesday, February 21, 2012 11:00 AM

I'm am not new to modeling, but it has been ~30+ years since I bought one, and have been contemplating getting back into it on and off for the last 6-7 years.

One thing that stopped me, from getting back into it a few years ago, was that I read an article describing how the company which made the original military aircraft was taking modeling company to court for royalties on the model.   The modeling company was protesting the payment of royalties because the aircraft company was already paid by the government for the development work, and royalty payments for models would cause hardship in a hobby that already sees border line profit.

Does anyone know what became of the issue?

  • Member since
    January 2006
  • From: Sarasota, FL
Posted by RedCorvette on Tuesday, February 21, 2012 3:27 PM

Boeing was the one making the most noise about it, with Northrup-Grumman also threatening to charge royalties.  Haven't heard much about it lately, which suggests that some type of agreement was reached. 

Royalties have been a bigger issue with model race cars.  Formula One teams have licensed their cars to specific model companies for years.  Tamiya has had high-profile agreements with Lotus, McLaren and others over the years, and as I recall Ferrari had an exclusive deal with Mattel for several years.

NASCAR sponsors also charged royalties to model companies which resulted in AMT issuing decal-less generic NASCAR models, obviously assuming that modelers would use aftermarket decals.  Problem was that they also went after the decal companies, driving several out of business, including one of my favorites, Slixx.

Mark

FSM Charter Subscriber

  • Member since
    March 2007
  • From: Carmel, CA
Posted by bondoman on Tuesday, February 21, 2012 4:25 PM

This was a big issue in model railroading. Existing railroad companies, specifically UP, claimed that they had the copyrights to logo usage, in particular for no longer existent railroads that they had absorbed through mergers and purchases, no matter how indirectly or in the past. Although there had been no clear transferance of copyright, or the railroads had ceased to exist so long ago that htey were in the public domain, the claim was that further use of those logos could damage the reputation of the current railroads. The manufacturers largely won, but I do think that in some cases royalties have been applied.

  • Member since
    June 2008
  • From: Iowa
Posted by Hans von Hammer on Tuesday, February 21, 2012 5:58 PM

There was an article in an OLD, OLD issue of FSM about that subject..

  • Member since
    September 2005
  • From: Illinois: Hive of Scum and Villany
Posted by Sprue-ce Goose on Tuesday, February 21, 2012 6:10 PM

Hans von Hammer

There was an article in an OLD, OLD issue of FSM about that subject..

I'm not certain the article was all that ancient.Hmm

The only article I know of published by FSM about the subject  was

"Licensing, trademarks and scale models

Will lawyers keep kits off the market? "

written by

Associate Editor Mark Hembree -

published in the July 1991 issue.

 

 

'

  • Member since
    June 2008
  • From: Iowa
Posted by Hans von Hammer on Tuesday, February 21, 2012 6:14 PM

That's the one.. 

  • Member since
    September 2005
  • From: Illinois: Hive of Scum and Villany
Posted by Sprue-ce Goose on Tuesday, February 21, 2012 6:16 PM

And still available for purchase from Fine Scale ModelerBig SmileSurprise

Still a good read.

  • Member since
    December 2002
  • From: Fort Knox
Posted by Rob Gronovius on Tuesday, February 21, 2012 6:45 PM

It was Sikorsky back during the end of 2003. I don't recall the outcome, but they were going after eBay and Revell for all sorts of trademark and licensing infringements because of sales of unlicensed or unendorsed Sikorsky products, mainly scale helicopter kits being auctioned or sold at retail. Apparently, even the name Black Hawk belonged to Sikorsky.

I do know that Revell reissued the Sikorsky Skycrane within the past few years.

  • Member since
    November 2003
  • From: State of Mississippi. State motto: Virtute et armis (By valor and arms)
Posted by mississippivol on Tuesday, February 21, 2012 7:22 PM

I wondered why Revell's A-6E kit was named "Navy Attack Bomber" rather than "Intruder".

Glenn

  • Member since
    July 2004
  • From: Sonora Desert
Posted by stikpusher on Tuesday, February 21, 2012 7:45 PM

"The first thing we do, let's kill all the lawyers"

      - William Shakespear, Henry the Sixth

 

F is for FIRE, That burns down the whole town!

U is for URANIUM... BOMBS!

N is for NO SURVIVORS...

       - Plankton

LSM

 

  • Member since
    February 2012
Posted by Chopper Greg on Tuesday, February 21, 2012 7:54 PM

mississippivol

I wondered why Revell's A-6E kit was named "Navy Attack Bomber" rather than "Intruder".

Glenn

See I don't buy that at all.

I could understand trying to maintain the copyright for something that developed out of company funds, but A-6E is a goverment designation, an organization to which all US citizens 'own', and so should not be covered by copyright laws.

  • Member since
    July 2004
  • From: Sonora Desert
Posted by stikpusher on Tuesday, February 21, 2012 8:10 PM

Revell markets the kit as 1/48 "A-6E Navy Attack Bomber ", sidestepping any copyright issues. The A-6E nomeclature is indeed public domain.

 

F is for FIRE, That burns down the whole town!

U is for URANIUM... BOMBS!

N is for NO SURVIVORS...

       - Plankton

LSM

 

  • Member since
    November 2003
  • From: State of Mississippi. State motto: Virtute et armis (By valor and arms)
Posted by mississippivol on Tuesday, February 21, 2012 10:03 PM

Sorry, Chopper, I wasn't very clear. Thanks, Stikpusher, for clarifying that for me.

Glenn

  • Member since
    February 2012
Posted by Chopper Greg on Tuesday, February 21, 2012 11:46 PM

Perhaps things are different that what I understood.....

A-6E Intruder is the entire military designation, does this mean that the US military paid Grumman, a royalty each and every time they used the word "Intruder" in conjugation with the A-6?  How about the likes of Global Security or Wikipedia?  How about the Intruder Association or You Tube?

I'm sorry, but there is legal precedent for companies loosing their copywrite/trademark through common usage in the US - Aspirin is one such case, originally a trademarked name for acetylsalicylic acid, made by Bayer, now it's the generic name.

  • Member since
    November 2009
  • From: Twin Cities of Minnesota
Posted by Don Stauffer on Wednesday, February 22, 2012 8:45 AM

Chopper Greg

Perhaps things are different that what I understood.....

A-6E Intruder is the entire military designation, does this mean that the US military paid Grumman, a royalty each and every time they used the word "Intruder" in conjugation with the A-6?  How about the likes of Global Security or Wikipedia?  How about the Intruder Association or You Tube?

I'm sorry, but there is legal precedent for companies loosing their copywrite/trademark through common usage in the US - Aspirin is one such case, originally a trademarked name for acetylsalicylic acid, made by Bayer, now it's the generic name.

The contracts the airframe companies sign with the government always has distinct clauses on copyrights, patents, and such.  It almost always gives government unlimited usage, but the rights stand for commercial use, so the manufacturers are indeed granted many rights in terms of commercial use.  I don't like it, but it would take a big effort to get this changed (and deep pockets).  Same thing about "common usage".  It would take a lot of money in court costs to sue on such grounds, and the use of the name has to be very widely used.

Don Stauffer in Minnesota

  • Member since
    November 2009
  • From: SW Virginia
Posted by Gamera on Wednesday, February 22, 2012 9:15 AM

Always seemed silly to me, it's like free advertising to the company. How many kids built a F-14 that inspired them to grow up to an aviation engineer at Grumman or join the USN?

My two cents for what little it's worth 2 cents

"I dream in fire but work in clay." -Arthur Machen

 

  • Member since
    December 2002
  • From: NYC, USA
Posted by waikong on Wednesday, February 22, 2012 10:23 AM

I thought this issue was settled in the 2006 defense budget. The modelling community, including members of this forum, mounted a letter/email campaign against this to Congress. (Ask another old timer on FSM, they should remember).  An amendment was introduced in that budget to stop defense contractors from trying to collect royalties from toy manufacturers.  The amendment was included in the approved budget.

  • Member since
    July 2004
  • From: Sonora Desert
Posted by stikpusher on Wednesday, February 22, 2012 11:58 AM

Perhaps, but it seems that some civilian/defense manufacturers have trademarked certain names such as Hummer, Jeep, etc. So if a kit is released as M1037 Truck, or Truck Utility, 4x4 1/4 ton, it can side step those copyright name issues. But if released as a "jeep" or "Hummer", it does not, and the money grubbing corporate lawyers go after whatever model company for the violation that is costing them so dearly. And who said lawyers have to follow the law to make a buck?

 

F is for FIRE, That burns down the whole town!

U is for URANIUM... BOMBS!

N is for NO SURVIVORS...

       - Plankton

LSM

 

  • Member since
    March 2007
  • From: Carmel, CA
Posted by bondoman on Wednesday, February 22, 2012 4:57 PM

stikpusher

Perhaps, but it seems that some civilian/defense manufacturers have trademarked certain names such as Hummer, Jeep, etc. So if a kit is released as M1037 Truck, or Truck Utility, 4x4 1/4 ton, it can side step those copyright name issues. But if released as a "jeep" or "Hummer", it does not, and the money grubbing corporate lawyers go after whatever model company for the violation that is costing them so dearly. And who said lawyers have to follow the law to make a buck?

Wellllll....., based on long and painful experience with them, I have come to the conclusion that lawyers pretty accurately reflect how their clients tell them to be like. What really disgusts me are people or companies who "hide" behind their lawyers and play the innocent.

We designed a logo for a resort in Arizona some many years back, that never was built. Several years ago a friend of ours was sitting down to breakfast in the hotel restaurant of a certain very large Asian country. There it was, on the cover of the menu.

Oh well...

  • Member since
    July 2004
  • From: Sonora Desert
Posted by stikpusher on Wednesday, February 22, 2012 7:31 PM

I still agree with Shakespear my friend Wink

 

F is for FIRE, That burns down the whole town!

U is for URANIUM... BOMBS!

N is for NO SURVIVORS...

       - Plankton

LSM

 

  • Member since
    March 2007
  • From: Carmel, CA
Posted by bondoman on Wednesday, February 22, 2012 7:34 PM

Yeah, he had ex-wife issues IIRC...

 

  • Member since
    March 2012
Posted by Chuck Bennett on Friday, March 2, 2012 7:20 PM

Sikorsky was the one that used to give us trouble on eBay. Our solution was to delete the name "Sikorsky" from the listing; apparently that was what they were using as a search terms, rather than specific aircraft designations.

Chuck Bennett

Don's Model Works / Wings Models LLC

www.donsmodelworks.com

wings@donsmodelworks.com

 

JOIN OUR COMMUNITY!

Our community is FREE to join. To participate you must either login or register for an account.

SEARCH FORUMS
FREE NEWSLETTER
By signing up you may also receive reader surveys and occasional special offers. We do not sell, rent or trade our email lists. View our Privacy Policy.