Posted by fizzy on 02/12/2021 15:09:42:
As far as I am aware Curly didnt leave the drawings to anyone when he died – there is no chain of custody and hence no copyright in existance. Several companies claim to have copyright but in actual fact none can prove it.
I doubt it's that simple.
- The rights to any drawings owned by LBSC would have been part of his estate, and I believe he was survived by his wife. If so, she became the owner.
- If LBSC died intestate, and there were no relatives left, the rights would have been transferred to the state.
- It's possible that LBSC sold the rights whilst alive or they belonged to whoever he was working for at the time. Drawings commissioned by a magazine would belong to the publisher unless LBSC arranged otherwise. Similarly, LBSC might have transferred the rights to a Model Supplier so drawings could be supplied with castings or whatever.
- Whoever they belonged to could have sold them on again later, or left them as part of their estate.
- Rights to drawings based on LBSC originals. but containing new material, would belong to the later developer.
In other words, a complete muddle.
My feeling is how much copyright matters depends only on how much money is involved. Not worth copyright owners challenging breaches if they only make tiny money, which is probably the case with LBSC.
On the other hand, expect a strong reaction whenever serious money is involved. Whilst copying LBSC plans might not cause a fuss, I suggest it's unwise to copy Thomas the Tank Engine, Disney characters, or to set up a burger bar called McDonald's. The latter is verboten even if you are a McDonald by birth!
Dave