Latest update on Carolina Castings (foundry)

As far as our request for permission to produce this kit, Kalmbach Publishing is “considering” our request.  This leads me to ask some maybe provocative questions.  From a  the comments on this blog and other places, it seems that the common understanding by you, my audience, is that “They have this statement in the magazine, or just call so and so and he will give you permission”.  I would really like to know if any of you out there have actually ever seen a kit, manufactured by anyone, that has secured permission from Kalmbach.  Personally, I don’t know of any.  The reason I am asking about this, is despite all of the information (rumors) you have heard,  as of our request, Kalmbach says that they have NEVER had ANYONE ask for permission to manufacture a kit based, loosly or otherwise, on ANY plans published in any of their RAILROAD publications.  So what does this mean?  Well, one thing is that again, we are trailblazers, like the crew of the starship Enterprize, boldly going where no one has gone before.  Another, and this is probably MORE IMPORTANT, we model railroaders, live in a world where many of our “facts” are based on rumors and “I thinks”.  Now if someone comes up with a kit based on a Kalmbach article that HAS recieved LEGAL permission to manufacture, I will gladly eat these words.  Just as a side note, did you know that there is an Administrative Assistent in the Copyright Department at Kalmbach, whose job is to deal with stuff like this?  Well, there is and he/she is a very nice person and very helpfull.  He/she (I will not divulge their identity, but it is public record on the Kalmbach website.) doesn’t think that there will ba an issue and thanked me for approaching this the correct way.  So in conclusion, when you folks suggest that we can do things faster, or you don’t see what the big deal is about this or that, just know one thing.  There is a lot more going on behind the scenes that you never see on this website.  We WORK (used to be a fun hobby) HARD to give you the best product we can at prices that JUST BARELY keep the doors open.  So keep the constructive comments coming, but if you have a better way of doing something, I encourage you to start your own business.  Then you can enjoy this hobbey even more.  OK, my soapbox has folded (it was made of paper) and I have fallen back to Earth.

Comments

[john]

Dave,

Thanks for all the input.

One would think Kalmbach could provide you with a simple yes or no. But my guess would be that Kalmbach is first researching if they can make any money on the request. If they can they will give you permission to offer the kit but with a royalty for each kit sold. That will most likely take their legal advisers a month of Sundays to decide which way to go.

Looking at the photos I believe that I could build a model very similar to the Carolina Castings Foundry. Post more photos and create a contest and see what your fans (customers) come up with. But then again you must still be careful.

Stay well and stay legal, :))

John

[Dave Miecznikowski]

See John, that's just the thing. You and I can build the model a hundred times each. You can even sell them. But as soon as someone ties the model to someone else, and someone says your model is based on someone else s, you'd best be careful. I really hope that they don't want a royalty, because it will just get passed on to you, along with all the labor of keeping track of purchases. (Probably being able to prove what the sales are.) Transferring money, and probably some additional tax liabilities. It just goes on and on. But remember, Model Railroading is fun!

[Donald Schmitt]

Some model kits based on Model Railroader articles/plans-


Perkins Produce - Earl Smallshaw, Dec 1974
O Scale kit by Morgan Hill Models, HO kit by Durango Press, N Scale kit by?

Cooksville Bank Block - Oct 1972
N Scale kit Heljan #609, ConCor part of Court House Square Series

Store & Office - John C. Parker - May 1955
N Scale resin kit by ?

Station Drugs - Lewis Lehrman - May 1971
N Scale Heljan kit #611

Bartlett Building Materials - Elmer Ceny - Sept 1970
N Scale kit by ?

[Donald Schmitt]

I looked at a number of building articles/plans in Model Railroader: some say Magazine purchaser "may have photocopies made locally as an aid in his personal or commercial model making...." others say "may be photocopied for noncommercial use only" and others do not say.

It may depend on agreements with the person who drew the plans.

[Paul Egri]

As pointed out by Don a number of kits on the market came from the pages of MR and RMC and a number of other publications on the market both past and present Buildings are so generic that almost any structure uses common parts If a building is altered from a plan is it the property of the publisher of the plan or is it the person who altered it because it is no longer the same building Giving credit to the published plan is the right thing to do But in my opinion it is your redesign and therefore yours to do with what you want Case in point I enjoy using Clever Kits and redesigning them I have a number of kits redesigned from Clever Models kits I always give credit to Clever Models for the textures and insperation and I try to supply Clever copies of my work I think this is the proper way to do things But they are still my models

[Donald Albury]

My understanding is that if you modify a creative work (article, photo, plans, etc.), you own the copyright for the changes, but the creator of the original work retains copyright over the part of the original work that remains. The magazine may hold the copyright if the creator is an employee, or transfered the copyright. Whether creating a model (including designs for printing on Paper) infringes on the copyright of a published plan is a question for a copyright lawyer. The original appearance of a prototype structure is not subject to copyright (in the U.S., at any rate), so I suspect building a model of a real structure would not violate any copyright (again, in the U.S.). But, I am not a lawyer.

[Gael]

Hey Dave, thanks for the trailblazing on this topic, as I was contemplating the same issue for a kit I want to manufacture.
Best,
Gael

[JT]

Donald Schmitt nailed it. And there are many more examples of kits that are indistinguishable from plans in MRR. Many of the Campbell kits, for example.

[JT]

FWIW, having built the E.L. Moore Carolina structure a very long time ago, I'm indifferent to Clever Models producing it. My favorite Clever Models kits have been ones that are your original creations. I do eagerly look forward to another kit from ya'll that is unique.

For new kit ideas. consider that some in this thread are sitting on prototype photos of structures that have never been produced as kits or published as plans. For example, I have some great photos of Palmer-Ball asbestos in Louisville Ky that would make a great kit (and save me from having to scratch-building it).

To whet your appetite. search google maps/street views at 3982 Westport Rd St Matthews, Kentucky

[Dave Miecznikowski]

You guys are missing the point. It is because it was mentioned in a public venue that is document able and public that I have to be careful. So for those who don't get my drift, my email address is on the website or use the contact page to send me kit information. And to JT please send your pix. If it is a interesting structure and the pix have enough detail to work from, and WE THINK IT WOULD SELL, it could happen.