The Wayfarer: A Way Forward? 22nd January 2008 Prepared by: Roger Proctor, Ian Proctor Designs Limited Content in this document may well contain material in which intellectual property rights exist. Unless expressly acknowledged in writing that any intellectual property right originated with you, or you have expressly in writing any right in the intellectual property being transferred to you, then all such rights are reserved to Ian Proctor Designs Limited and the United Kingdom Wayfarer Class Association. The information contained is not to be reproduced, adapted, copied, or otherwise used in any form whatsoever. This whole document is without prejudice. Contents 1 The guiding principles 2 Relevant rules 3 Context 4 The legacy of this context 5 The market and its economics 6 The Hartley design development process, dispensation and measurement 7 Various views 8 The conflicting positions 9 Possible futures in the current circumstances should the situation remain unresolved 10 Alternative and possible ways forward 11 The way forward? 1 1 The guiding principles This document is written and based upon an understanding of three guiding principles. Two were laid down by Ian Proctor and have been accepted by Wayfarer owners for the last 50 years. In addition there is a guiding principle with regard to the new design of Wayfarer that has also been accepted by the Class Association, the majority of current owners and Hartley Laminates. They are: 1.1 That Ian Proctor designed a boat that could successfully be used by amateurs to cruise, train and race for pleasure. 1.2 That the Wayfarer is a one-design class. 1.3 That any new boat should be as fast, but no faster, than the fastest existing Wayfarer. 2 Relevant rules The following Wayfarer International Class Rules seem relevant to the current situation: 1.1 The intention of the class rules is to ensure racing within the class on even terms whilst maintaining the boat’s characteristics of constructional strength, ease of handling, suitability for family sailing and day cruising at moderate cost. 2.3 Hulls and other components moulded in glass reinforced plastics (GRP) shall originate only from official moulds. These are moulds registered by the copyright holders as having been derived from the master plugs. An NCA shall have the right to measure these moulds. 4.1 No boat shall be allowed to race as a Wayfarer unless it is registered with an NCA in the name of the current owner and has a valid buoyancy and measurement certificate (hereafter referred to as the certificate). 5.14 An NCA is empowered to grant dispensation in exceptional cases where this is considered to be in the interests of the class. Any such dispensation shall be recorded on the certificate of the boat concerned. 10 SECTION MEASUREMENTS (Wood boats only) 10.1 At outside transom 10.1(b) Beam at angle of upper chines. To outside skin. 1156 +/-13 (3’9.5” +/- .05”) 10.1(c) Beam at angle of lower chines. To outside skin. 838 +/- 13 (2’9” +/- 0.5”) 10.1(e) Depth from angle of lower chines to upper surface of keel. 77 +/- 13 (3” +/- ½) 12. BILGE KEELS 12.1 Length. 1994 +/- 26 (6’6.5” +/- 1”) 12.2 Width. 32 +/- 4 (1.25” +/- 1/8”) 12.3 Thickness. 26 +/- 4 (1” +/- 1/8”) 12.4 Outer corner radius. 12 (1/2”) maximum 2 3 Context The international one-design Wayfarer was designed by Ian Proctor in 1957 to be a 16ft family day cruiser and training boat, which could also be raced. Therefore the original intention was not that it should be an out and out racer but should have the ability to race in fair competition. It was originally designed to be manufactured in wood by Small Craft Limited and also by amateur builders working from authorised kits, using the measured templates and jigs supplied. The amateur boats built would then be measured by an authorised Class Measurer in order to gain a measurement certificate. This process relied upon the honesty and integrity of the amateur builder as the measurement rules were, and are, somewhat loose. In 1957 the Wayfarer was radical in its concept for a 16ft dinghy and considered by many to be ground breaking. It was an instant success and has been enthusiastically cruised (significantly beyond the limits originally envisaged by Ian Proctor), adopted as a training boat amongst a majority of institutions as well as being raced. It quickly started to be built in fibreglass as well, although the design retained the shape / essence of the original wooden form. A round bilge version was subsequently designed and called the Beaufort, but production of this design ceased many years ago. A UK Wayfarer Class Association was set up in order to represent the interests of Wayfarer owners who chose to join and work with the designer and builder to represent the owners and their interests, and significantly to also further the cause of Wayfarer sailing. Owners have also become an ‘unofficial’ sales force on many occasions. This system has been replicated around the world with other national class associations who now all come under the auspices of the Wayfarer International Committee. In practice however, the size of the UK Class Association means that the International Committee and other national associations look to the UK to lead the way in many matters. Ian Proctor owned the copyright of the Wayfarer design for his lifetime plus 70 years, according to UK and now European copyright law. Ian Proctor Designs Limited (IPD) was set up by Ian Proctor in 1988 so that his children Keith, Jill, Brian and Roger could begin to help him and his wife Betty, administer, liaise, protect and issue licences for the production of all of his designs. When he and Betty died in the early 1990s, Keith took responsibility for the Wayfarer and Tempest, Jill and her husband David the Wanderer and Roger the Topper. Development work has been carried out on the Wayfarer over the years by Keith Proctor, firstly working with Ian Proctor and then subsequently as a Director of Ian Proctor Designs Limited. An example of this work is the Wayfarer World. The copyright for any changes made to the boat, however small, was the responsibility of Keith Proctor working for IPD. Therefore copyright in those designs and work were vested in IPD for Keith’s lifetime plus 70 years. In addition worldwide trademark registrations were filed for the Wayfarer name and logo by Ian Proctor and were protected and owned by IPD until their legal transfer to Richard Hartley. Following Small Craft’s demise in the 1970s, other builders were licensed. Moores and Porters became the two key players in the UK with Abbott in Canada. Moores went bankrupt in the early 2000s shortly after the development and tooling of the Wayfarer World. This tooling was being jointly financed by Moores and Porters. The sole UK licence was then granted to the surviving building partner, Porter Brothers. The reasons for this were as follows: • Porters were already building the Wayfarer • Porters were part financier for the tools for the new Mark of boat • Ian Porter was a very successful sailor in the Class • The dinghy market was tightening considerably and therefore focussing boat sales in one builder should reasonably make that builder stronger • Porters were also building the Wanderer and Gull following the sale of Anglo Marine to Porters, so it would create a builder with a full Ian Proctor range of boats 3 This strategy was temporarily successful but did not have the insight to recognise the increasing difficulties the builder was facing. In 2005/6, IPD recognised that it no longer had the relevant skills and resources to develop the boat in what had become a very dynamic and competitive market. The Wayfarer clearly needed development due to the pressure on costs highlighted by the new rota- moulding technology and the power of the big three builders in the UK and Europe; Topper International, Performance Sailcraft and LDC. Also at that time Keith Proctor became ill and so Roger Proctor took over his responsibilities. Upon Roger Proctor taking over, it soon became apparent that the builders were in a very difficult financial situation that could seemingly only get worse. Whilst being very conscious of the need not to undermine the builder with the danger of the consequent loss of jobs and serious personal financial consequences for the business owners, Roger Proctor began negotiations with prospective builders that had to be, for commercial confidentiality reasons, entirely secret. Roger did consider offering the copyright and trademarks to the Class Association but after due consideration felt that the Class Association was not set up, and never had been, to be a commercial organisation. It would also not have the financial resources or personnel to invest in the Wayfarer to move the boat forward effectively. As further background, a relationship between Richard Hartley and IPD had been established back in the 1990s when he was granted the licence for the Kestrel, Ian Proctor’s first design for a fibreglass production boat designed in 1956. In the 1990s the current builder of the Kestrel was unable to deliver and market a quality product with the resulting fall out that the Class was dying. The decision was taken to grant the licence to Hartley Laminates on the condition that significant new investment would be made in an updated design and new tooling. Phil Morrison was commissioned to undertake the design work and the Class has now revived and gone from strength to strength, which can be verified by the Kestrel Class Association.