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***IMPORTANT!!!***

All images used on this web page are owned by me.  I took the pictures.  The pictures are of prototypes and of model equipment.   Any logos on this web page are close up renditions of models or prototype equipment logos (the logo at the top of my page is from the battery box on a prototype SD40-2).  Many of the logos from the equipment are trademarks of Union Pacific Railroad.  Prior to creating this web page I contacted Union Pacific requesting permission to create a page, referencing Union Pacific and its logos, paint schemes and trademarks.  A copy of this correspondence follows: 

To: webmaster@up.com
09/02/03 02:56 PM
cc:
Subject: (General) Copy write Information                                              
Category: General
Subject: Copy write Information
Name: Richard L. Monts
E-mail Address: bluangel@XXXXXXXX.com
Company: Personal
Phone Number: (XXX) XXX-XXX

I understand that Union Pacific has proprietary rights to many logos, including the UP Shield, The MoPac Shield and the CNW logo.  I am currently designing my web page to document the building of my Union Pacific/Chicago NorthWestern/Missouri Pacific N Scale layout.  The layout will be 36 feet by 9 feet, built in Easton Pennsylvania.  I have taken several photographs of my scale models as well as prototype equipment over the years.  I want to know what the legal requirements are in using my photos, including the various UP logos.  This page is a free page, nothing is sold, it is just intended to show other modelers the progress of my layout, and provide them with modeling ideas, as well as for them to give me ideas to make my modeling better.

I believe, since they are photos of either, 1.) a product I have bought and lawfully own, or 2.) photos which I have taken of equipment in public, from a public place, that I have the rights to use these items for personal use, provided I do not profit from them in any way.

Could you please advise what the Union Pacific's legal stance is on such use of the logos, images, etc.  Thank you for your time and consideration in this matter.

Richard L. Monts

Union Pacific and their representative responded promptly in kind with the following e-mail:

FROM: BRENDAXXXXXXXXXX@up.com <BRENDAXXXXXXXXXX@up.com>
DATE: Wednesday, September 03, 2003 5:49 PM
TO: bluangel@XXXXXXXX.com < bluangel@XXXXXXXX.com >
Subject: (General) Copywrite Information 

Mr. Monts,
You are correct regarding your usage of photos of Union Pacific model equipment.  We do not need to license your use of a photograph of Union Pacific equipment on a personal web page.  We do restrict the use of our logo(s) as a stand alone element.  In other words, you could not use our logo(s) as an icon for a link to another page.  Use of photos of your Union Pacific equipment, including historic and constituent railroads, is entirely permissable.

Thank you for confirming this with us.

Brenda Mainwaring
Director, Corporate Relations
Union Pacific Railroad

So you see, I am legally ok to use the model & photo representations here for non-profit, personal use.  Please do not take any images from this web page without my written permission.  I wish to keep this web page up as a tool for others to use and as a place to share my model railroading.  I am not responsible for anyone mis-using any image(s) contained herein, and I will fully cooperate with authorities to assist any investigation in which the contents of this page are used improperly.

 Thank You
  Rich