Legal question - Licensing Agreement

The court believes it can appraise art, apparently, or at least recognise it's absence.

Dynamic Balance from Rodger Martin Design-

a somewhat constrained design brief produced these. Okay, they aren't plugs, but not a great leap for me.

 

I believe if you re-used a section of the keel from the original boat it would be a restoration rather than a new vessel, would that be covered by the original licence?

You can see the full judgement from the Burge/Swarbrick case at http://www.austlii.edu.au/au/cases/cth/HCA/2007/17.html

 

Thanks for posting. Pretty heavy going, I imagine a case like that would suck the life out of you.
As an aside, that you mentioned re-use of keels, in some recent reading it was popular in WA to do this in the Pearling industry in times past.
All the best from Jeff.

 

Yeah, but now those boats aint being "functional", unless you seek some shade under 'em...............just an obsevation, might not hold up in the High Court.

 

looking for boat plans for #2 ...
I have found sellers who do not display their Licensing Agreement up front. WHY?

 

There really are some cheapskates who post on this forum. To them I say that the designer earns his living from the sales of his plans Typically, the prices for the plans work out to be about 1-2% of the completed vessel, if that!

Someone who baulks at the idea of paying a royalty to the designer for each vessel built to that design, is just a corrupt, duplicitious, treacherous toerag.
If the intention is to to build more than one boat, negotiate a deal with the designer, otherwise it's akin to piracy.

 

Then the SELLERS should provide their initial terms PRIOR to the closing of the deal. If these "corrupt, duplicitious, treacherous toerag" SELLERS would be honest up front, then this would be a non-issue.

 

KJL38, thanks. That reference at least shows that the forms themselves had their day in court. I had rather gotten the impression that the court thought that just looking at the contractual environment was sufficient. I still think they ended up throwing the baby out with the bathwater, though.

 

like I have stated before, I would have negotiated a "deal" had the seller been upfront with their Licensing Agreement (my mistake for not asking), instead they chose a slimy addendum to the deal. To them I call B.S.

 

Because 99% of them follow the same industry standard - 1 boat, 1 set of plans.

This has been the case for as long as I can remember and has been discussed here to death several times before over the years (usually when someone comes along and wants to make multiple copies from a set of plans without paying).

Sometimes things don't need stating up front, as they are well understood in the marketplace and have been for many years. I guess the problem we have now is the culture of the internet, which tends to promote stealing of designs, images, copyright etc as if it were not illegal. We have a generation growing up who believe that other peoples work should be just given freely, which is going to mean more people asking the same questions you have.

 

Then WHY are they marketing to the first time builder, who is NOT familiar with the industry without specifying their Licensing Agreement up-front?

I disagree with your up-front position. We all know about assumptions.

I have worked for commission, and have no problem buying and selling via contract. BUT, be up-front ... again my problem is the ADDENDUM from the seller ...

I agree with you observation about the internet generation and "free" ...

 

Presumably because they believe that the standard license is common knowledge. It's a bit like asking why car manufacturers don't put a label on the dash telling you which side of the road to drive on, they assume you know based on the country you're in.

My experience of seeing posts like this is that the issue only arises when someone wants to buy a set of plans and make multiple copies of a boat from them. Most plan sellers sell to people that will make just one boat, so don't cater for the very tiny number of people that might want to buy a license to build multiple boats based solely on what they read from their advertising. I guess plan sellers wait till they get a multiple licensing query before negotiating a deal, probably a on variable terms depending on volume, PR etc.

 

Ahhh ... makes sense ...

 

Frog4 the prole

You have a tongue & a finger. Press the buttons on a phone and speak to the people before you to buy from them. Don't blame them for your own stupidity and ignorance. Grow up & stop fault finding and complaining. You are supposed to be an adult. Sheesh!

 

ahh, it's okay for the sellers to be slimy, but expose their stupidity, ignorance and down right slimy tactics and receive 20 lashes ... a little one-sided ya think?