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    I have a question re ownership of COPYRIGHT

    91ADF91ADF
    edited April 2009 in Q and A
    Just a quick question - who does the copyright of designs rest with when you are a architectiral contractor(ARCHITECT) (and not an employee). If you were to design a house for one project, and then that house were to be mass produced for a totally different development, who should hold the copyright. The contractor, or the business you contracted to when the original design was produced(for a different project)? Thanks

    Comments

    • peterpeter
      edited 8:44PM
      I think that unless you have agreed otherwise in your CAA, the architect gives a licence for the design ONCE. If the client wishes to build more of the same, then they will need to negotiate with you for further licences.
       
      Some links:
      http://www.arbv.vic.gov.au/PDF/brochure_wwya.pdf
      http://www.copyright.org.au/pdf/acc/book_tocs/b056v02.pdf
      www.lovegroveandlord.com.au/Text/1116985771328-4030/uploadedFiles/1196750868661-5227.pdf
       
    • peterpeter
      edited 8:44PM
      Sorry I missed your response. My bet is that copyright rests with the company employing you or contracting you. It may be a little murky for in the latter case, to be sure. You may be OK to publish it on your site if you also credit them and state your role, but don't blame me if you get a letter from their lawyer asking to remove it!
      This is UK law, but it may be the same here:

      "Who owns the design right?
      Typically the creator of the design owns any rights in it, except where the work was commissioned or created during the course of employment, in which case the rights belong to the employer or party that commissioned the work."
      www.copyrightservice.co.uk/protect/p15_design_rights
       
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