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By Sooty25
#1719547
Hypothetical question

If you happen to have access to a full set of plans for a currently accepted homebuilt design, but the original designer has passed away, so build licences are no longer available, is there a way of still building one?
#1719609
Leaving aside the knotty question of whether you need a licence...

All the designer's intellectual property rights will have passed to his or her heirs. If you can find them, they can grant a licence (or tell you to whom they have disposed of the rights).
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By Sooty25
#1719612
profchrisreed wrote:Leaving aside the knotty question of whether you need a licence...

All the designer's intellectual property rights will have passed to his or her heirs. If you can find them, they can grant a licence (or tell you to whom they have disposed of the rights).


Hmmm, it seems a Canadian museum hold the rights and have stated they won't issue any build licences.
#1719700
It's quite likely that there are a lot of licences out there that have never been used. A little digging around might get you a licensed set of plans with a serial number.

If you can get hold of any set of plans, there's very little to stop you building if you don't claim the designer's make and model designation.

I'd suggest speaking to the LAA about your intentions if you follow that route.
#1719747
Yes, you can.

If you legitimately came by the data, you can use it. Clearly if you "happened" to photocopy somebody else's huge folder of copyrighted drawings, you are on very shakey ground, on the other hand if you obtained them legally - bought from the designer, or somebody they sold them to, there should be no issue so long as you didn't buy them with some form of restrictive licence.

The BMAA or LAA, depending upon the type will be looking for you to have good enough data to ensure it's being built in accordance with the approved design - if you can assure them of that, then again, there should be no issue.


I would take care of older designs however, as the goalposts may have moved regarding safety and the authorities may want more proof of the safety of the design than was originally required.

G
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