Civil Engineering Reference
In-Depth Information
onstruct the design on the site, it appears that this licence can be interpreted to cover any
person who is the successor in title to the property. The Court of Appeal in the
Blair
case
appear to have taken the view that where nothing is expressly stated, the licence is to be
given a wide interpretation. However, if the terms of engagement state that neither party
will assign or transfer any of the benefits or obligations of the appointment without written
consent from the other - a common provision - the situation is not so simple. The copy-
right licence is obviously a benefit of the appointment. Therefore, it is very arguable that
the licence, although potentially applicable to all successors in title to the property, is not
so applicable unless and until the designer consents to it in writing.
In summary, it may be said that where terms of engagement stipulate that the licence
extends to the client only, a future purchaser of the site will not have a licence to use the
design. If the terms are silent about the recipient of the licence, it is likely that the courts
will imply a term that future purchasers of the site also have the benefit of the licence.
However,futurepurchasersmaybepreventedfromobtainingthelicenceifthereisaclause
which prohibits transfer of the licence without the designer's permission.
