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Re: Other: Building from books/articles
By:Paul G. Jacobson
Date: 1/10/2002, 11:30 pm
In Response To: Other: Building from books/articles (George F. Johnson)

: . . . Can I, for example build multiple
: boats, incorporate parts of a design into my own design, or sell boats
: that I have built from these designs?

I'm not a lawyer, but as I see it:

If the books and articles do not mention that the designs are licensed and that there is a fee to pay for making them, then you have to assume that buying the book in effect was the fee you paid for using that information. Either that, or the author(s) put the information out there for free use. Check the book carefully for any demands for licensing fees or other costs or tarriffs.

Can you incorporate parts into your own design? Probably you can do this without any fear. The result will be an entirely new design. There may be a few exceptions, for example a special style of recessed cockpit coaming may be unique to an existing design. If you copy that, then the original designer might go after you for trying to copy the look of his boats. Would he win in court? Depends on the lawyers and the jury. The lawyers will win the most here.

Can you sell boats you build from designs from books. Again, probably. If the author has not asked for a licensing fee, or a royalty of some kind, but later decides he wants something, and then sues you. then you can definitely claim ignorance of the designer's desires. It might stop you from continuing to build the design, but any attempt to collect for already built boats should be favorable to you.

Your biggest fear would be if the author claimed that in building from his plans you were infringing on his copyright by reproducing his work in quantity. You'ld have a good argument that the plans were obviously published for people to use. Again, the lawyers are guaranteed a win, and the rest is as certain as a coin toss.

If you buy a copy of the book for each boat you build and include it with the boat, the boat owner will have an additional resource, and the author will have a hard time kicking about any loss of income.

Otherwise, contact the author and let them know you would like to produce the design commercially. They might be delighted to get a small fee from you for each boat. They probably get less than $5 per book, so if you sent them $10 per boat for their permission, you're out very little, and they get something too.

If you are building boats as a business, you should have a lawyer. Let the lawyer handle the negotiations.

PGJ

Messages In This Thread

Other: Building from books/articles
George F. Johnson -- 1/10/2002, 9:58 pm
Re: Other: Building from books/articles
K Vogel -- 1/11/2002, 2:40 pm
Re: Other: Building from books/articles
Paul G. Jacobson -- 1/10/2002, 11:30 pm