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On 14 Aug 2005 07:14:26 -0700, wrote:
Jim:
Can you expand on this? If I buy a used book or CD from Alibris, or
e-bay (for example), am I obligated to send the author or composer a
fee?
Since RB is in possession of the BR plans, can't we assume that he has
acquired them by purchasing them from BR, and that he has therefor been
granted a license for this set of plans?
I am assuming that RB is selling the plans because he has decided that
he won't or can't build the design, i.e. that no vessel has been
constructed from this particular set of plans, or 'license'.
But even if he had built the design, how is BR any different than say,
James Michner or J.K. Rowling when it comes to the re-sale of their
'intellectual property'?
MW
These are fair questions, reasonably put.
This is my reading. A boat designer is faced with a very limited
market. He might expect a lifetime sale of a given design at say 100
units - over perhaps 20 years. That's 5 per year. He sells a license
to make one unit - and in turn often welcomes builder questions, and
provides support - it's to some extent, a labor of love for his
'baby'. If a buyer decides not to proceed, it seems reasonable
that the designer should allow the plan to be sold on - supposing that
he has not already expended appreciable supprt time on that set of
plans. (But even that is not always permited by the terms of the
agreement - which is a contract)
But a built boat normally retires the license to build - so the plans
are sometimes then sold on, with the understanding they are 'for
reference only" but even this is questionable - a contract is a
contract.
By contrast, a book is sold as a retail commodity unit, lock, stock
and barrel - which barrel does not include the license to copy text
into a new book.
Brian Whatcott Altus, OK
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