Why JaGuar? Why?

Jaguar has successfully sued a retired Swedish couple for building a replica C-Type - previously approved by it. There are hundreds built before, so we attempt to make sense of the indefensible.

Without doubt the most damaging publicity Jaguar has acquired in decades is its suing of a retired Swedish couple who were building a perfect C-Type replica - which had Jaguar's permission - and Jaguar is selling non-factorybuilt replicas in its dealerships.

The outcry was such that Jaguar was forced to issue a statement saying it would not prevent anyone else from building replicas or have their cars destroyed.

Even worse, it owned a replica C-Type and D-Type too - which it was using for commercial purposes ...

We can’t give you Jaguar’s version of the facts because they are not talking about the case. It has not explained why it made the claim since replica C-Types have been constructed since the 1960s. One of the crucial elements of the case is whether the C-Type body shape was the result of an artistic process, and thus may enjoy copyright protection. If it was the result of an engineering process copyright does not apply. As such, the credentials of JLR´s claimed originator, Malcolm Sayer, and the nature of his assignment at Jaguar is paramount.

Up until JLR’s recent commercial interest in C-Type copyright, it would be fair to say that Sayer’s role as an engineer was undisputed. But as the Appeals Court hearing is approaching, some of the sources referenced are suddenly changing their information.

The Wikipedia page on Malcolm Sayer, which was submitted as evidence in 2019, describes him as an aerodynamicist who contributed to various Jaguar models. Sayer insisted he was not a designer, but having come from an aero background, his work was always based on aerodynamics.

His work on the C-Type was only as a contractor for three months, and was his first experience in the automotive industry. However, in March 2022, the page suddenly changed to expand Sayer’s responsibilities for the C-Type significantly, conveniently fitting the narrative of JLR’s copyright pursuit better.

The new description of Sayer’s role on the C-Type contradicts all known history, including

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The Magnussons have been frequent visitors to the Goodwood Revival. Image 02/03/04/05

Jaguar’s Continuation C-Type is far from accurate. The dash is incorrect, the seats should be leather and while it is not a tribute to the three 1953 Lightweight models, its modern cars inappropriately copy their bonnet vent and ribbed rear panel.

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The Magnusson’s Proteus C-Type. Image 07

The dash of an early works C-Type. Image 08 information published by the Jaguar Daimler Heritage Trust. The JLR managed Trust, seems to have taken steps to adjust history.

The standard of their work is impeccable.

In their 2021 exhibition ‘E-Type Evolution’, a special display called ‘Malcolm Sayer – Aerodynamicist’ explained his work at Jaguar.

Among pictures of wind tunnel models, the display stated: “Sayer was an aerodynamicist, not a car designer or stylist. He did not draw a car body first, but instead calculated the shape he wanted and recorded this as a table of body co-ordinates.”

The official website of the Trust featured an article about the exhibition on Malcolm Sayer. It appeared unchanged, but suddenly in June, 2022 three months after the evidence was submitted, it stated the information on the display was inaccurate, and that Sayer was a “… legendary Jaguar designer…”, “…a stylist responsible for the body design…”, “…not only a trained aerodynamicist but also an artist.”, “…Sayer … drew the shape…. before making any calculations”.

That’s a 180-degree switch!

Karl Magnusson, a 70-yearold lifelong Jaguar enthusiast, was sued for copyright infringement after he built a C-Type replica in his home garage in Sweden. The Swedish court ruled in favour of JLR, setting a precedent for other car models globally. The ruling was even more shocking because Jaguar had given global public approval of the replica industry for decades, and had specifically encouraged Magnusson’s plans in meetings and interactions spanning several years. It was the first time a car was treated as an artistic work of art with copyright. The court ruled the copyright was still valid after 70 years. JLR was seen as the owner, despite a lack of documentation supporting the transfer of copyright across multiple companies since the 1950s. The outcome would not have been possible in a UK court and should have been impossible in Sweden.

Karl worked for 44 years in the car industry as a body designer, while his wife AnnChristine was an interior specialist for 24. They were contracted by Volvo cars and trucks, Rover, Geeley and other prominent manufacturers. However, their hobby has always been Jaguar.

The C-Type was created using CAD techniques, employing the original C-Type blueprint and a genuine C-Type (XKC018). Their intention was to build three cars.

Why Jaguar changed its stance with the Magnussons is puzzling, and it has not made any other attempt to rectify the situation, nor reverse international adverse publicity and ill-feeling. It also seems the factory-owned Peter Jaye replica C-Type may have been scrapped. Its D-Type replica has also gone to ground.

Oh yes, Jaguar Heritage is embarking on a programme of creating what it calls ‘Continuation’ C-Types, even though unlike previous D-Types, XK-SSs and Lightweight E-Types, no cars were left unbuilt.

The case is being appealed and we wish the Magnussons nothing but success.

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Unwittingly or not, Jaguar has long been involved with replicas within its Jaguar Heritage racing series. The two Long Nose replicas in 01 are fakes which are, or were, being passed off as genuine factory built cars. Only seven of these factoryteam Long Nose cars were built and all are accounted for.

The cars in 02 and 03 were both photographed by us at JD Classics in 2010. The first is an unknown fake for which we could not see the chassis number despite asking. 03 shows the last replica built in Sydney by Ian Cummins and publicly launched in front of genuine C and D-Type owner Penny Woodley and former Jaguar Apprentice Jim Graham. By the time it got to JD Classics it was being claimed by JD to be the real XKD548. That car though was scrapped by the factory before being sold. Some time later Jaguar Directors were entered in it for the Mille Miglia.

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This is Jaguar’s own replica C-Type. Image 05

Three extra rear lights, but it is not claimed to be a genuine C-Type.

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Jaguar instead needs to be going after fakers of genuine cars. This chassis number claims to be the 1951 factory Le Mans winner - scrapped in 1952.

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Even the modern Ecurie Ecosse team has built replicas of the cars it raced.