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Hornby 2022 - Trains on Film

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Clearwater

Clearwater

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Given, in true internet fashion, we’re all now absolute experts in IP and related commercial behaviours, I thought this article about M&S in most of today’s papers was interesting:

 

https://www.independent.co.uk/news/uk/bath-marks-one-spencer-aldi-b1999554.html
 

https://www.thetimes.co.uk/article/m-s-concedes-perfect-match-valentines-gifts-are-strikingly-similar-k99ww3fdg

 

 

 

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johnlambert

johnlambert

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18 hours ago, 30801 said:

 

Ford were good at that. BMC/BL were hopeless. The best BMC would do for the Italian Job was sell them some Minis at trade rates while Alfa Romeo were offering free cars. 

BL's approach was the reason the Sweeny et al drove Fords.

Whilst I know that BL was hopeless when it came to supplying cars for TV shows I don't think that it's failure to support The Italian Job was necessarily a blunder.  For one thing, I'm sure press and PR people are always being asked for the loan of cars for filming and they had no idea whether The Italian Job would be a hit or not (in fact I don't think it did that well on release and it's only subsequent TV and home media that made it a classic).  Also, BL was about to launch the Mk.II Mini, so didn't want a feature heavily promoting the Mk.I Mini.  With the benefit of hindsight, yes it probably wouldn't have killed BL to supply some Mini Coopers.

 

Oh and it was FIAT that offered the film makers pretty much anything they wanted, including the use of it's Lingotto factory.

 

Not that this has anything to do with Hornby's Trains on Film range.

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drt7uk

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On 24/01/2022 at 12:08, PhilJ W said:

If I was Hornby I'd look at producing a 14XX tank locomotive and a GWR cattle wagon, two items conspicuously absent from Rapido's offering.  In addition through their association with Oxford Diecast the bullnose Morris Oxford roadster (Squires car), a steam roller and a few other vehicles that feature in the film. Oxford a few years ago produced a 'Inspector Morse' Jaguar that wasn't marketed as such but bore the registration of the actual car used in the series without any objections.

 

Was just about to say this re 14XX. Their Airfix inherited one is long overdue a redesign. 

 

Also on @Star-rider's point about complementary products it's a shame Hornby haven't used Rails' Caledonian release as a reason to re-release those Triang Caledonian carriages or bring out some more of their generic 6 wheel coaches in a Caledonian livery. Ho hum.

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drt7uk

drt7uk

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On 18/01/2022 at 21:59, phil gollin said:

.

 

IF  Hornby produce a full sized OO scale Firth of Forth Bridge, then I am willing to build an extension to house one.

 

.

 

Airfix released this once as a kit but the problem was as soon as you'd finished painting it you had to start repainting it again... I'll get my coat.

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PhilJ W

PhilJ W

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Posted (edited)

It might interest some of you, someone has done out the interior his shed/man cave as a replica of the W&U/Titfield coach complete with bar. I don't know if he's licenced by Studio Canal.:jester:

Edited by PhilJ W
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woodenhead

woodenhead

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7 minutes ago, PhilJ W said:

It might interest some of you, someone has done out the interior his shed/man cave as a replica of the W&U/Titfield coach complete with bar. I don't know if he's licenced by Studio Canal.

But if it is not for commercial gain then it's likely fair use is it not.

 

Otherwise all those fans of Star Wars with their themed rooms and such like would be being pursued by George Lucas, same would go for Trekkies.

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Geep7

Geep7

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3 hours ago, woodenhead said:

But if it is not for commercial gain then it's likely fair use is it not.

 

Otherwise all those fans of Star Wars with their themed rooms and such like would be being pursued by George Lucas, same would go for Trekkies.

***Off topic*** I do remember back in the late 90's or early 2000's that Viacom (parent company of Paramount) would send cease and desist letters to owners of Star Trek fan websites, something about copyright laws around use of images and graphics from the shows if I remember rightly (it was some time ago). More recently, there was a whole hoo-ha about fan-made videos on YouTube, and Paramount & CBS issuing guidelines of fair use for fans to follow. 

Edited by Geep7
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Classsix T

Classsix T

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4 hours ago, Geep7 said:

***Off topic*** I do remember back in the late 90's or early 2000's that Viacom (parent company of Paramount) would send cease and desist letters to owners of Star Trek fan websites, something about copyright laws around use of images and graphics from the shows if I remember rightly (it was some time ago). More recently, there was a whole hoo-ha about fan-made videos on YouTube, and Paramount & CBS issuing guidelines of fair use for fans to follow. 

Indeed, some IP owners are quite fanatical about "protection" of their stuff:

https://kotaku.com/anime-youtube-toei-copyright-strike-fair-use-totally-no-1848432919

 

Nintendo and Take Two (parent company of the Grand Theft Auto computer games, the irony) are similarly enthusiastic about issuing cease & desist orders when they feel like taking their football home.

Although it's sometimes justifiably done, if a game modification is being charged for by the modder for example.

 

If Hornby were giving away their Benedict Thunderbatch set gratis maybe they'd be fine!? 

C6T. 

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JSpencer

JSpencer

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17 hours ago, woodenhead said:

But if it is not for commercial gain then it's likely fair use is it not.

 

Otherwise all those fans of Star Wars with their themed rooms and such like would be being pursued by George Lucas, same would go for Trekkies.

 

There is similar debate going on in the world of cosplay:  https://www.kamuicosplay.com/2021/01/27/will-cosplay-be-illegal-soon/

 

IF cosplayer's win, could we then argue that a locomotive, dressed up as Thomas, is just a cosplay? And the preserved railway is just a fan?

Japan has some cosplayers making 90k a month. Those some must be a very small number of professionals.

 

People like me and my partner make 0 per month from our side hobby. Here we are dressed as Ciri (Witcher 3 video game) and Geralt (Witcher netflix series) simply because we are fans and love doing this sort of thing:

 

IMG_20211009_1747145~4.jpg

Edited by JSpencer
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Edwardian

Edwardian

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Just caught up with this.

 

If I said what I think about Hornby's current management choosing to launch yet another spoiler product, and, what's more, one that on the face of it appears inconsistent with a third party's licensing of its IP rights, Andy would have to ban me.

 

So I won't, but I do feel that everything I have previously said about the bad taste such commercial brigandage creates has been fully vindicated. Personally I won't be rewarding this kind of behaviour with a purchase.  In fact over the last 2-3 years I've found my motivation for buying any Hornby product has tailed off dramatically. Not a deliberate policy on my part, but just their corrosive behaviour eroding my inclination to buy.

 

As in all other instances of copy-cat products from Red Box, the cuckoo-product will hurt the original product whilst, almost certainly, being inferior to it.  It is a shame. 

 

I'm keeping my Rapido set on pre-order, thank you very much.

 

Oh, and if either Rapido or Studio Canal want a very motivated commercial litigation lawyer who scents blood ....... ;) 

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PaulRhB

PaulRhB

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1 hour ago, JSpencer said:

There is similar debate going on in the world of cosplay:  https://www.kamuicosplay.com/2021/01/27/will-cosplay-be-illegal-soon/

 

IF cosplayer's win, could we then argue that a locomotive, dressed up as Thomas, is just a cosplay? And the preserved railway is just a fan?

Japan has some cosplayers making 90k a month. Those some must be a very small number of professionals.

But they are aiming it at those making money from it so it’s basically the same because they are offering a product for money. The preserved railway is using the character specifically to draw people in to ride therefore it’s used in advertising for the railway. The professionals already deal with the ip holders it’s those who’ve started monetising thinking they don’t need to have any agreements who are in the same situation as Hornby. 
Where cosplay and modelling can get into a grey area is if you monetise the end product. So creating a monetised video of creating a model or costume is technically ok and showing the end result. But showing a video of the finished character or piece on its own moves from a crafting / model to purely using ip to promote that ‘appearance’ and that becomes a product that they sell. Lucasfilm got into a pickle with this many years ago, they were using cosplayers to promote their films and then wanted a license fee. The Cosplayers pointed out they weren’t charging commercial rates for appearing and it certainly didn’t cover the creation of the costumes at commercial rates plus they’d been used for some time so that in itself said the company were ok with it. The final nail was once they’d covered transport the money raised went to charity ;)  Since then many have been hired with their own costumes for Lucasfilm series like the Mandalorian!

Like the UP licensing furore it depends how unreasonable the company is in fair use and whether then someone properly challenges it if they are being unfair. 
Hornby using the films as advertising for a commercial product clearly crosses the boundary from showing a one off model from a film to using the film to make money. 

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30801

30801

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9 minutes ago, Edwardian said:

Face-fluff suggests the game, not the Netflix series was the aim here. 

 

You think they're going to count the rivets on your armour. But no. They go for yer beard! :P

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JSpencer

JSpencer

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2 hours ago, Edwardian said:

Face-fluff suggests the game, not the Netflix series was the aim here. 

 

ciri-geralt-the-witcher-3-wild-hint.jpg.10cf46b72cbecc9cc93f5b0fb98f9537.jpg

 

Going OT here! 

The costume is more TV related but the hair, face fluff and scars are more game related. In the game Ciri (the character my partner plays) happens several years after the books end. While the TV series is loosely within the early part of the books (I say loosely as it does not really follow them and TV series Ciri is older than book Ciri). So mine is Netflix version but several seasons in the future when Geralt gets those scars and a beard! 

 

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