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 Post subject: Re: Here's a preservation and collection question for you...
PostPosted: Sat Jan 07, 2023 3:24 pm 

Joined: Tue Mar 27, 2012 4:49 pm
Posts: 297
Location: Los Altos, CA
My response would be "it is already donated, talk to the rich university who has it."


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 Post subject: Re: Here's a preservation and collection question for you...
PostPosted: Sat Jan 07, 2023 5:46 pm 

Joined: Thu Aug 26, 2004 2:50 pm
Posts: 2815
Location: Northern Illinois
My position is fishing expeditions don't warrant any response. If the shyster actually has some valid claim, he has to show more to get my attention.

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 Post subject: Re: Here's a preservation and collection question for you...
PostPosted: Sun Jan 08, 2023 5:56 pm 
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Joined: Sat Aug 28, 2004 1:15 pm
Posts: 1469
Location: Henderson Nevada
I too am not a lawyer… But…

Copyrights would have nothing to do with this, unless the individual or widow were republishing items.

Lawyers can be bullies… The depend upon fear of the cost of litigation to make people do what they want (when they have no “case”)… Corporate lawyers can be bullies without specific direction from their employers, or can be bullies on behalf of their employers.
As someone who collects railroad supplier’s information, including catalogs and maintenance information, I would be unwilling to cooperate if a company asked for their distributed promotional material back.

A great example of corporate lawyer overreach is the Union Pacific attempt to control and license (for a significant fee) the use of “Union Pacific” (and other acquired railroad’s) lettering and logos on models…

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Randy Hees
Director, Nevada State Railroad Museum, Boulder City, Nevada, Retired
http://www.nevadasouthern.com/
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 Post subject: Re: Here's a preservation and collection question for you...
PostPosted: Sun Jan 08, 2023 8:59 pm 

Joined: Sun Aug 22, 2004 1:51 pm
Posts: 11497
Location: Somewhere east of Prescott, AZ along the old Santa Fe "Prescott & Eastern"
Randy Hees wrote:
A great example of corporate lawyer overreach is the Union Pacific attempt to control and license (for a significant fee) the use of “Union Pacific” (and other acquired railroad’s) lettering and logos on models…


The "significant fee" was later, in the wake of adverse publicity for the move, dramatically reduced to what amounted to a "filing charge."


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 Post subject: Re: Here's a preservation and collection question for you...
PostPosted: Sun Jan 08, 2023 9:51 pm 

Joined: Fri Dec 22, 2017 6:47 pm
Posts: 1404
Location: Philadelphia, PA
Sandy's right. The lettering and logos are licensed and used with permission.

Decades ago an individual tried to copyright Penn Central's name and logos, as well as their predecessors' only for some sleuths to learn the PC coropration had sold only its RR assets to CR and the corporation with its nonrail assets was still in business and still owned the rights to the old logos. The exception was the plain red keystone. That belongs to the 28th Infantry Division, US Army (PA Army National Guard).

Phil Mulligan


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 Post subject: Re: Here's a preservation and collection question for you...
PostPosted: Fri Jan 13, 2023 2:58 am 

Joined: Mon Aug 23, 2004 3:01 pm
Posts: 1731
Location: SouthEast Pennsylvania
This isn't a copyright problem, it's an ownership problem. The lawyer is claiming ownership of papers that may have been freely given away. They weren't lobby cards with a printed notice "Property of Famous Studios, to be returned at the end of the showing of this production".
The lawyer didn't write "Collect and send us all the copies that you made."


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 Post subject: Re: Here's a preservation and collection question for you...
PostPosted: Fri Jan 13, 2023 8:56 am 

Joined: Thu Oct 11, 2012 8:41 pm
Posts: 26
Location: Cos Cob, CT
“one day the phone at the deceased employees house rings and this is a call for his widow from a high-powered lawyer at the giant corporation.”

The first indication that this is a bluff.

If the “high-powered” lawyer was operating on solid legal ground he would have sent a registered letter.

My response would be something along the lines of, “I will not dignify that request with a response”.

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 Post subject: Re: Here's a preservation and collection question for you...
PostPosted: Tue Jan 17, 2023 3:29 pm 

Joined: Mon Aug 23, 2004 3:01 pm
Posts: 1731
Location: SouthEast Pennsylvania
PMC wrote:
Certain entities, e.g. Caterpillar Tractor Co., were infamous for being litigious to the point of overkill long before it became routine. I recall a series of incidents in the 1980s involving a used equipment dealer in the Peoria area that called itself Earthworm Tractor, with a small e emblem similar to the C Caterpillar used at the time. Caterpillar was outraged and tried to wear him down in court to get him to change his name. So watch out if it is them.
William Hazlett Upson, formerly of Holt Caterpillar Company's service department, is the one who should complain about misuse of Earthworm Tractor, since he often wrote about it and its salesman, Alexander Botts, in the Saturday Evening Post. Caterpillar supplied tractors for the movie version, and the movie's copyright wasn't renewed.


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 Post subject: Re: Here's a preservation and collection question for you...
PostPosted: Sun Jan 29, 2023 12:08 pm 

Joined: Tue Jan 03, 2023 9:29 pm
Posts: 8
rmne1887 wrote:
“one day the phone at the deceased employees house rings and this is a call for his widow from a high-powered lawyer at the giant corporation.”

The first indication that this is a bluff.

If the “high-powered” lawyer was operating on solid legal ground he would have sent a registered letter.

My response would be something along the lines of, “I will not dignify that request with a response”.


The widow could also give the standard reply to the lawyer:

"And my dad is going to beat up your dad"


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