Kansas City Southern and its subsidiaries and affiliates (collectively, “KCS”) will entertain proposals by cinema production companies, television studios, website designers, co-marketers, historians, and legitimate advertising agencies to use KCS’s trade names, trademarks, and logos in a way that fosters and increases the visibility of KCS among the public. KCS will generally approve a proposal and enter into an intellectual property license agreement with the user if the proposed use satisfies the following criteria:
The proposed use of KCS’s logos, trade names, trademarks, images or KCS equipment (“KCS IP”), and related public use or publication is for the benefit of a nonprofit or charity project. If the use is for the benefit of a commercial project, the use must be incidental and appropriate in both tone and environment.
The proposed use of the KCS IP must positively represent KCS and the role of the railway service.
The proposal or project must not contain images or dialog that violate safety rules and regulations or that represent hazardous behavior. We will consider proposals that violate these criteria if the use is for educational purposes and the danger of the risky behavior is clearly illustrated.
The proposal must acknowledge that the proposed use of the KCS IP will be subject to review and prior approval by KCS, including the right to approve the script/storyboard of the segments of the Projects related to the railway before any filming or photo session according to the guidelines of the film industry. After initial approval, all changes and/or additions of photographs/script/storyboard scenes or dialog involving any aspect of the railway service (and only those scenes or dialog) must be approved in advance by KCS, even as such changes or additions are made after finishing the filming. In the event that such changes or proposed additions are not approved by KCS, any user license agreement will be automatically terminated. Upon termination, no photograph, film, or audio recording that includes KCS IP that has been made or produced may be publicly displayed or distributed. In the event the KCS IP License is terminated due to the actions of the previously licensed and authorized user, KCS will not be obligated to reimburse any amount paid by the user for the license.
If a film company or production house enters into a user license agreement with KCS, no material may be digitally altered to change the image or storyboard at a later date.
Advertising filmed at KCS railway crossings must comply with the Federal Trade Commission’s truth-in-advertising laws.
If your proposed use meets the criteria identified above, please contact KCS and submit an application to license and use the KCS IP.