I just had a thought, as I am still working on my layout design. When I use a published design, from either the web or a magazine, as part of my layout am I borrowing or stealing? Now, I don't think using elements of a design are stealing nor do I if the plan is based strictly of a prototype scene/area. But let's say I find a freelanced/ prototype inspired shelf layout in HO, that would work great as part of my basement layout in N scale. Am I stealing, or if it's published am I free to use it?
track I doubt there is a modeler out there that has created any element that has no real life counterpart out there. So I would say anything you see modeled somewhere could be seen in a real world picture or at your favorite train watching spot. Since that makes us all copiers(thieves) of real life, then IMHO borrow(steal) away. And you know imitation is the most sincere form of flattery. On the non philosophical level, I have yet to see or hear about a modeler who was upset that an element or whole layout was copied by someone else. On this board and others most folks give their best LDE's away willingly to help others brainstorm and plan. In fact most who have operating layouts will frankly admit what would work better in the different sections of their layout and try and keep others from making the same mistakes. Use whatever you want and just give credit where it is due if you use an LDE tie for tie.
I would say, "No." You use it for your personal layout and you don't derive any income from it. I presume the author intended for some modelers to use it for a layout or they wouldn't have published it. I would not post it or publish a drawing without giving credit to the original author or publication. My two cents.
"Imitation is the Sincerest Form of Flattery" Ethically - no, it is not stealing. The use of another persons design would only be an issue if there was a "copy write" mark or reference. Even then I think the "Personal Use" rule applies. If you are selling the product you may be crossing the line. I'm not a lawyer.
I cannot see any way it could be considered theft, to build from a plan created by somebody else. If the idea presented works for you, use it. That surely is part of the intent when any article is published. There have been so many layouts created, I'd bet that similar creations have come about, completely accidently, many times. Boxcab E50
I can't see a practical problem here. Can layout concepts be copyrighted? I doubt it. Don't folks publish small layouts in order for others to build them? Would one copy a large layout exactly? Why would I publish my plans and then ask that no one use all or parts of it? Now, I might copyright the image of my track plan, as I spent a lot of time, effort and art in preparing it. But that is something entirely different. If you build my layout according to plans and decided to publish it, then draw your own version, or ask me for permission to use mine. Make sense?
If it were illegal, why do the model rr magazines publish photos, plans, dimensions and give scale as a reference for anyone to copy? Even of layouts, not just structures and rolling stock. To me, that means "go ahead and use it for personal use". And I have yet to see the disclaimer "Do Not Copy This Idea" in any article I've seen in Mode Railroader, Model Railroad Craftsman, or any other magazine.
My layout plans have been published and while I drew them up without help it wouldn't bother me to see them in action on someone's layout. I've also been contacted for permission a time or two by folks who want to use all or some part of the plans. I've been asked if someone could simply copy something I did. In all cases permission was always given. So I would say 'borrowing'. I think it is a given in our hobby, if you see it, go ahead and do it. Seldom have I ever seen a copywrite. Jim
If someone actually built my layout as drawn, or even as actually constructed, I would feel obliged to give him or her a figurative slap on the head and ask, "Can't you see all the mistakes I made?" Back in the early 90s, I interviewed a number of modelers whose layouts made the "big" publications. I was surprised to learn that some sections in their articles "were jerry-rigged for photos at the last minute." Back then, what you saw was not what you actually got, so "copying" was on really shaky ground. What I remember most was someone with an incredible double helix admitting that it didn't work worth a damn, and was ripped out before the article (and plan) was published. So the whole upper deck was a fiction--never built. But not in the article.
