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Re: Who does own S317? or who has it now...- Copyright



Basically you can't copyright History.  If you are doing something
commemorative for instance, no one can claim copyright on it.

For instance example if you were going to run a re-enactment of the Spirit
of Progress, then anyone who had it as a registered name could not claim it
as their own.

Or if you registered your business as 'Anzac' Pty Ltd, then you could not go
to the RSL and charge them for commemorating Anzac Day.
Sure, no one else could trade as Anzac, but all are free to use that name to
celebrate it.

To faithfully replicate history, such as say having a T class repainted in
blue and gold with original VR logo is commemorating a bygone era.  However
if you then trade as 'Victorian Railways' well then you may have a case to
answer for.

Alternately if a name has been in common use then that is up the Courts as
to how you use that name, and if you trade by that name.

There could be objections from the PTC, or Dept of Infrastructure, if
someone claimed a name to trade as that was formerly their(PTC) own.

Victorian Railways was a Statutory Government Authority, so maybe it could
be argued that this name was in the Public Domain.  It did not have to
register as a company.