Hello. First off, I want to thank everyone who have been answering my questions about third-part DLC lately. I am starting this thread to ask a question about railroad logo and trademark licensing on third-party DLC. I've been curious about how this works. I have noticed when searching for addons that some of them are licensed by a railroad company, and some are not. For instance, a Union Pacific product sold on Steam says, "The Union Pacific shield is a registered trademark, used under license." I know that freeware addons and repaints that feature a railroad's logo are not an issue, since they are free, but what about payware? I know that Dovetail has to license their addons from railroads, so what does that mean when a third-party does not license their locomotives? I have also seen some addons that do not say "licensed by XYZ railway," but do say "All logos, images and registered trademarks are property of their respective owners." Does that in effect license the product legally? I do know of course that the legality rests on the seller, not the purchaser. I would appreciate any assistance in helping me understand how this works, especially from Dovetail Games staff. God bless.
Why is a Question about Licencing in Bug Reports? It comes down to MONEY If DTG or any company sell a product, say a Union Pacific loco, which displays a Copyright Item, the Logo, they may need to pay a License Fee to the Copyright Owner A train simmer releases a repaint for a loco in Union Pacific colours with a logo and an acknowledgement that the logo is copyright. Providing he does not charge for this repaint then normally there is no problem with the use of the logo. To the UK and when the first model of the Class 390 was released in 2012 DTG(Rail Simulator) did not have a License to use the Virgin Livery for this train so it was released in 3 fictitious liveries https://store.steampowered.com/app/208343/Train_Simulator_Class_390_EMU_AddOn/ Come forward to 2018 and with a License DTG released an upgraded version of the 390 in the correct liveries https://store.steampowered.com/app/704283/Train_Simulator_Virgin_Trains_BR_Class_390_Pendolino_EMU/ Sometimes the company that hold the License copyright does not allow the use of it's logos or it restricts the use - the way Union Pacific does with restrictions on selling only within the USA Peter
Hi treid09, The disclaimer (the wording you see in small print) is essentially just a statement by the seller that they acknowledge the respective owner's right to the IP (Intellectual Property) represented in a product. It is not a licence and does not qualify whether the developer has a legitimate right to use or represent the IP or Brand of another organisation. Sometimes you might find statements like "Used under licence" or "Represented with the owner's consent" which would typically advise that a conversation has taken place with the owner of the IP. You need an actual legal agreement between the two entities: IP Owner and Seller/Developer - it is the only thing that can stand up in a court of law. There are ways you can legitimately find out if an individual has been granted permission to reproduce an IP. You should never rely on the seller to get a clear answer as this can often result in you being misled. Instead file a "Freedom of Information" (FOI) request with the owner of the IP. Most organisations have some form of FOI process and usually, the bigger they are, the better and easier the process. A FOI request will likely cost you some money (usually a small fee to cover the cost of providing you with the information you're looking for) but will mean you get a clear official response. To answer your question "what does that mean when a third-party does not license their locomotives?" sometimes nothing happens and that's usually because the original owner of an IP does not know about it. However, it can result in a "Cease and Desist" (C&D) notice being sent to the seller to essentially withdraw their product from sale. If the seller does not comply with this, they can face a pretty hefty lawsuit that can be in the millions of dollar/pound range. A C&D notice essentially just outlines what the IP Owner requires the seller to do - in most cases it can tell the seller to simply withdraw their product from sale within a certain amount of time - in others, it can require the seller to submit the full amount they have earned as a result of the IP Owner's brand (these are quite rare but do happen particularly in some parts of the world). Sometimes the seller can counter claim costs but usually the IP Owner has all the rights due to Copyright and Intellectual Property laws. Best, Steve
Hi again Steve, I had actually posted this thread before you answered my question, so I apologize if it seems that I am asking the same question. Your advice is extremely helpful, both on this thread and my other one, and I will definitely take your advice. Again, sorry for all of the questions. Dovetail Games has made some great products, and you guys are always very helpful. Sincerely, treid09.
Hi tried09, No problem, this felt like you were asking some different questions to the other one but happy to shed light on what is otherwise a complex but not well known subject - at least as far as I understand it! Best, Steve
Hi Peter, I put this thread here and not anywhere else because in the guidelines for this forum say that if one needs help, advice, or reporting an issue, to use this forum. I apologize if I upset you, you have always been helpful in answering my questions. Your answer helps me understand the licensing process better, so thank you. God bless.
Ok, my Bad. I had not seen the bit which says if you have a general question you should report it in the Bug Forum Still seems a bit strange
