Vandeventer Black LLP. Published In: Architects. Architectural Copyrights. Copyright Infringement. Design Professionals. Intellectual Property. Vandeventer Black LLP on:. Sign Up Log in. Bothwell Esq. Ernest Jacob Ulibarri. First, your agreement with your client will dictate whether you must provide CAD files in any form. Having said that, you may choose to provide them or not. I will say that we are often asked for our CAD files for a variety of reasons.
We do provide a floor plan only with no notes or dimensions for subcontractors to use as a base and for other Architects to validate square footage areas acting as peer review but seldom more than that. When we do release them it is of course with a release form indemnifying our firm and must have a signature and sometinme a fee associated with this depending upon our relationship with our client or the entity asking for the information.
In my opinion, a simple floor plan is not a significant relelaseof our work product. Francis X. Watkins AIA. First, I would ask this question; did you sign the lease? If not, who cares what the lease says? Do you have a written agreement? What does it say? If you don't have a written agreement, I think, in most jurisdictions, you own the drawings and the design, period! If you have an agreement, what does it say about your drawings? Second, what is your relationship with the client?
Do you what to work for them again? If so, what will make them angry? I suspect, if you don't give them the drawings, that will make them angry. Is it worth it? Third, why don't you want to give them the CAD files? Are you afraid they will use the design some where else? Are you afraid they will modify the space and use your drawings?
Are you afraid that if they do either of those and you give them the drawings, they won't hire you again? Do you think if you don't give them the drawings they will hire you again?
After you decide on these issues, and others, I suspect, and if you decide to give them the files, then protect yourself. You should define, in writing, how the files can be used for modification or completion of this project ; you should make sure you have been paid to date for your services.
You should have them agree to indemnify and defend you against any and all claims as a result of their use of your drawings. If you can, you should have them agree to pay any reasonable attorney's fees you may accumulate in defense of any claim. You should require that any use of your files needs to involve a licensed architect. You should require them to remove any reference to you or your office if they reuse the documents according to the agreement.
Oh yeah, the agreement should allow you to use the details, etc on other projects. The bottom line is that this is a business decision. If your drawings are significant, they can't really be used legally by another architect without your permission. Good luck with that and thanks to all our "ethical architectural brethren. If you don't work this out to the client's satisfaction, good bye client.
It's just business I'm anxious to see other's opinion on this. Annapolis MD Dale A. Anderson AIA. We provide design services to a wide variety of client types and receive similar requests, or even have contract requirements, to deliver the CAD files as part of our services. With our attorney and insurance carrier we developed a tool that consists of a "hold harmless" agreement that allows us to release the files appropriately.
The requester is given an executable file that consists of the agreement linked to zipped CAD files. The agreement must be accepted before the files are automatically unzipped and placed into a directory of the requester's choice.
They then have the files they need for whatever purpose they choose, but they have already agreed to the terms of their use in order to get to them. The CAD files are prepared in a "bound" CAD format before linking to this agreement to make them most usable by others. Nell Katherine Travis Campbell. When this is not the case, perhaps you could strip the CAD files of identifying marks related to your firm? Very sketchy request but we're run across this as well.
The biggest problem is with the 3rd party requests. I have twice responded to a building owner, who was not my original client, that we would be happy to provide architectural services for their renovation but that it is against our architectural code of ethics to give cad files to a building owner as we lose all professional oversight but retain all liability.
Knoxville TN Roger Retzlaff. You might be a party to it despite the conditions of the contract you had with your client. At any rate, asking for a copy of it could turn back the request if not valid. If you have an attorney on retainer and it would not cost too much from them, it may be more effective to have them make the call. Betty J. Trent AIA. Recently suppliers are asking for the CADD drawings to do their shop drawings. I have to admit I like having access to a baseplan of the existing building when we do a renovation.
We still field verify but there is a background to work from, and therefore that drawing time can be better spent on QAQC. To limit our risk: We take our title block off before we hand them over. We add a disclaimer to the file in the titleblock space.
We add a disclaimer that cadd drawings must be field verified by the supplier I'd love to hear how others handle this. Joel O. Niemi AIA. Posted PM. David, I would say that, if your Owner-Architect Agreement doesn't say anything about who owns them, the CAD files are still yours as instruments of service.
And very affordable, even if you're not AIA. Have some experience with this. According to US Copyright Law the work belongs to you exclusively. He built the house then proceeded to replicate and build many more with the same plans.
I sued him in Federal Court Pro Se and won. Copyright infringement is serious business in this country. Architects are at the top of the list with this sort of thing. Not paying for the initial house was probably something for small claims, but when he replicated, that escalated the situation. Nobody, I mean nobody has the right to use your work without paying for it.
Federal Copyright Law is very specific and clear about this, thank God for that. Unless it says something in a contract, the Architect does not have to give any CAD files to anyone. What if you are doing the Architectural plans and the owner has to hire a MEP company to complete the project?
Then send your cad to the poor MEP. Standard practice. Some building components may be patented, but the overall design cannot be. Thus, while architects and engineers may own their original models, drawings, and specifications, they do not own their designs. But these are common misconceptions that both graphic designers and clients alike fall prey to. All rights and ownership belong to the creator of the work i.
This protection, unless the work is a work-made-for-hire, lasts for the life of the author plus 70 years. Under the copyright statute, the author owns the copyright automatically — simply by virtue of the fact that he or she is the author.
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