Thread: plan copywright and building replicas

Darren, boat plans are sold by the designer or his agent for single use only - build one and that's it. That's how the designer makes his money. Build one without a licence and you are stealing from him.

But this can get complicated with older plans, particularly if the designer/business is no longer in operation. So get onto the company and talk to them. If they aren't going anymore (shows how much I know about them doesn't it - just the name), well, I guess you need to talk the supplier of the plans and see how your conscience feels.

Outside of that, there are free plans around.
And lots of old plans have been made available for free or for sale. If some backyarder is selling the plans, be careful that you can't get them free elsewhere.

And why stick to old stuff? Have a look at David Payne's excellent designs, all inspired by old boats but designed around modern epoxies. If the design is older than about 5 years, it does not take into account the properties of modern epoxy ... but that necessarily isn't a problem - there's a lot to be said for chine logs over stitch and glue. But modern lapstrake makes a stiff, strong, light hull with all the advantages of clinker without the building or maintenance hassles.

Cheers
Richard

Go to the following web address. It will answer all your questions and much more http://www.copyright.org.au/

Here is a small exerpt:

Limitation of copyright protection for functional articles

For many years, successive Australian governments have had a policy of limiting copyright protection for artistic works related to functional articles. It has been argued that functional items such as bicycle parts, vacuum

cleaners or fridges should not receive full copyright protection. The idea is that when it comes to the appearance and shape of functional items, the Designs Act is the more appropriate form of legal protection, and people

wanting to protect functional items should register their designs. (See the information on "Design Registration" towards the end of this information sheet for information on registering designs; for a more detailed overview of design law, see the information on the website of IP Australia, www.ipaustralia.gov.au.)

To make sure that functional items are not protected by copyright, governments have included provisions in the Copyright Act limiting the scope of copyright for functional items. These provisions are generally referred to as "the copyright/design overlap provisions", and while the policy behind them has remained the same, these provisions have changed over time.

Below is a brief overview of how these provisions have changed over time. The extent to which any of these earlier provisions still might apply to the current protection of prototypes, sketches, plans and items created

during these periods is not clear, because of the complexity of the legislation.

Designs and prototypes created before 1 May 1969

If an artistic work "capable of being registered" under the

Designs Act 1906 (Cth) was created before 1 May 1969 and was either used or intended to be used as a model or pattern to be "multiplied by an industrial process", a

"transitional" provision in the Copyright Act states that it does not qualify for copyright protection at all.

Note, however, that the approach taken at this period meant that items such as design drawings and plans weren’t necessarily excluded from copyright protection, because such items may not have been intended to be either "models" or "patterns" used in an industrial process.

The law between 1 May 1969 and 30 September 1990

Generally, if an artistic work (including a painting, drawing, sculpture or work of artistic craftsmanship) was registered under the Designs Act, the design registration largely displaced copyright protection. The scope of the

displacement of copyright protection generally depended on the scope of the design registration.

Similarly, if an artistic work had been "industrially applied" and

could have been registered but wasn’t, limits on copyright protection applied for 16 years from when the article was first sold or marketed. (Sixteen years was

then the period of design registration; it is now 10 years.)

The law between 1 October 1990 and 16 June 2004

Generally, as with the preceding provisions, if an artistic work was registered under the Designs Act or could have been registered and was "industrially applied", copyright protection was limited. However, protection under

both copyright and design law was available for two-dimensional artistic works, such as drawings to be used on Tshirts.

Special provisions were also introduced for "works of artistic craftsmanship", "models of buildings" and "buildings". Where these provisions applied, you would generally be able to take copyright action against people copying your work whether or not you had mass-produced or otherwise commercialised the work, model or Australian Copyright Council

Information Sheet G27 Designs for functional articles 3

building. Your copyright rights would, however, be more limited if you had registered the item under the Designs Act.

Hope that helps you a bit.

Cheers

Kris

Originally Posted by ModelShipwright

any thoughts on the longest boat you can safely tow with a 4WD?

Can't advise on the other topics but this request blinked red for me as it's a pretty complex discussion.

It's not the length so much as the weight. There are two factors. download on the towball itself, and the weight of the towing load. Go to your vehicle specifications for both.

Your vehicle's maximum towing weight is normally specified as two values, one with trailer brakes, one without. Don't exceed this as while it can be quite comfortable towing a greater weight, you almost certainly void any insurance claims you may need to make if you have an accident, regardless of whether it was your fault or not.

Balance of the trailer is important too and your trailer manufacturer can advise you best on that. There is a fine line though, and people are sometimes tempted to alter the balance outside the specs to reduce download on the towball. Don't do this. It will almost certainly result in uncontrollable sway when you brake.

Anyway, a complex topic which if you know little about, should be learned thoroughly. The Fishnet fishing site has a very good boat owners forum which you can search through and ask questions on.

Maximum towball down weight can be changed by changing suspensions and shockies etc

Hi,

Thanks for the replies and info. I think I'll stick to buying a legit set of plans, to ensure I'm not infringing design copywright or ripping off the original designer - a bit more searching has turned up a few designs close to the one I want anyway. And I'll look into the final weight/size of the thing too, as it will need to be trailered. Still at the point of deciding where best to build it - will need some mods to the workshop (what my wife inexplicably calls the "garage" or a new shed to house it.

Thanks - once I get into it I'll be sure to post pics/updates (don't hold your breath, may be a little while before I lay down the keel!).

Darren

Don't ignore plans with water ballast either. Selway Fisher use it in a lot of theirs and the beauty is that much of your ballast flows out of a hole and back into the river, making the trailer weight less.

Cheers
Richard

Originally Posted by Daddles

Don't ignore plans with water ballast either. Selway Fisher use it in a lot of theirs and the beauty is that much of your ballast flows out of a hole and back into the river, making the trailer weight less.

Yes. Barcrusher aluminium plate boats also have a really nice patent pending solution to that (Quickflow stability ballast system) using a water cavity which fills at rest, and empties under power, allowing the boat to get up out of the hole quicker, and up onto the plane at lower speeds.

It's ideal for the relatively light weight of aluminium boats, but I'm not sure if it would be as effective, or indeed required, with a wooden hulled boat. Nice idea never the less.

Man, that's cunning isn't it.

Richard

Originally Posted by Daddles

Man, that's cunning isn't it.

Cunning....and worth probably 5 to 8 grand premium on the boat price. I've been in one and it feels like a heavier glass boat at rest, even in a decent chop. I haven't had enough experience with wooden boats and don't know enough about their relative weight to know if it would be suitable. Patent issues aside that is.