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I think its a pretty simple issue, if the item was built historically by the original manufacturer, to its own original plans, its "real", if its built in current times by a restorer, to those original plans, its a "reproduction", if its built by anyone else, to their own design but in the "image" of the "real" aircraft, it is a "replica".
The Me 262's, the Fw-190's, Oscars etc built in recent times are obviously then "reproductions" not "real"/"originals".
Of course it gets complicated when a "real" airframe is a hybrid of "real" and "reproduction" parts, and this is where the argument of 51% starts to raise its head in debate, although there has been no real effort to create a true definition.
There are now many WW2 fighter rebuilts that consist of so much new metal and new construction that its clear they are "reproductions", they are not simply "restorations" of a surviving airframe with some skin and frame replacements, and the reality is that the growth in WW2 warbirds can only be met by these methods, let alone creation of airworthy examples of extinct or rare types and variants.
Equally a "real" airframe might be composite of its own original parts, and other NOS or salvaged parts from other "real" airframes, in this case it is obviously "real", but not fully "original", and then comes the debate of which section of airframe holds control of a particular identity, ie is it just the data plate, or the fuselage it was prized from?, is it the fuselage, or the wing centre section, is it the cockpit or the entire fuselage?
Reliance on FAA certification isnt really suitable, the FAA obviously turns a blind eye to the reproduction parts manufacturing occuring in the warbirds market, and like most airworthiness and flight regulators is focusing on Air Transport, examples of the falibility of the FAA certification is the ambiguity of ownership highlighted in the CAF v NMUSAFM case regarding the P-82, and the current dual FAA registration of the "Twilight Tear" identity by two P-51 restorations is a good example.
http://www.warbirdinformationexchange.org/phpBB3/viewtopic.php?f=3&t=33746&start=0I suspect the FAA and other regulators will only buy into this issue if there is a substantial warbird fatality (airshow crowd etc) involving uncertified part reproduction, they certainly dont tolerate counterfeit parts in commercial aircraft, helicopters etc, however in those situations its usually someone creating counterfeit parts at lower cost (and lower quality) undercutting readily available original manufacturer's parts.
Hopefully most of those building warbird reproduction parts and airframes are doing so from a different motivation, and are building to the original designs and specs, or to more modern/better specs, as there isnt price war encouraging anyone to cut corners and most customers are well enough funded to demand quality.
Unfortunately some restorers building reproduction airframes are reluctant to admit the level of reconstruction / new material and instead not only adopt an identity from scant remains, but then extend the provenance and history to the new metal, when little if any of the airframe really participated in its namesakes operations, other than duplicating the paint scheme.
Then there is the issue of even a "real" airframe adopting the paint scheme of a more famous example and then being presented as the "original" usually by airshow commentators or journalists, but often not corrected by the owner or operator.
Despite the convenience and attractiveness of employing the "Grandfathers Axe" logic to the debate, from a heritage and museum point of view provenance does matter, otherwise we wouldnt differentiate between Tallichet's "Memphis Belle" and the "other" one being restored in the NMUSAFM, while both are "real" B-17's only one is the "real" Memphis Belle.
If we do value "warbirds" for their historical wartime roles and importance, rather than just as impressive noisy and fast "toys for the boys" then those "real" ones that survived intact from the battle, do hold a more important place, than those "reproduced" from new metal in more recent years.
If provenance and "reality" doesnt really matter?, then the CAF and NMUSAF could simply split the P-82 down the middle and each reconstruct their own original "real" aircraft from its two seperate "real" halves, and each with a newly constructed "reproduction" second fuselage and wing, apply the same identity to both airframes, and everyone would be happy - smiles.
Hopefully over time the aviation museum and warbird movements will create agreed definitions for these activities to differentiate and identify the various compositions and histories of airframes, I dont think the regulators such as the FAA will ever do so.
regards
Mark Pilkington