For the past 6 weeks or so I've been helping an architect/developer on the side and I've found myself in a bit of a tricky situation in regards to my digital files. Some background:
I was hired to put together a presentation package for a large multiuse development - this developer is one of four being considered at this point. There was no formal contract on my part, but I do have in writing that I am to deliver a site plan, elevations, and a couple perspective drawings. I've been using Sketchup, so I also offered up an animation. I've also been asked for some schematic plans and interior 3d views - a lot of extra work but in my opinion worth the effort to boost the chances of getting the project (I'm working on a fair but by no means extravagant fixed fee).
The architect has stated explicitly that he would want me involved in the project if it was awarded - this would mean leaving my full time job, or at least taking a leave of absence. I was under the assumption thismeant managing and overseeing some drafting help and retaining some design control. Throughout the modelling of these buildings I've been excited about the prospect of programming the spaces, cutting sections and generating the details for what is in some ways a pretty ambitious design. The architect/developer gave me about 3 pages if rough sketches to start with - its fair to say that the project wouldn't have the polish it does without my 100 hours of (night & weekend) work. Though a collaboration, I'd say the design is at least about 30% "mine".
The file ownership question is this - I recently found out that the developer has been talking to a large A/E firm to act as the Architect of Record. This really changes the picture if what I expected my role to be, if I'm still even needed. At best I'd be an owner's liason or "designer" - I was really looking forward to getting into the meat of the project though. Last night I was sent a link to the AoR FTP site, and I'm expecting a request today for my digital files to this point. The presentation is still 2 weeks away. I've provided numerous jpegs of plans and perspectives, not to mention the animation. I don't want to give up my Sketchup file - I've always hesitated when sending out dwg files in the past as well.
John - thanks, I remember that thread but that discussion didn't seem as applicable given the design relationship I have with the architect/developer who is paying me.
SandRoad - sorry I wasn't clear - I'm performing work for a developer who also happens to be an architect ( though no longer full time)
PixelWhore - cardinal mistake, I know ... But one of those situations where I was hoping if I gave bit up front I'd get back a lot more later
The files are considered "instruments of service", and as such they belong to the architect. It's a good idea to spell this out in your contract, but if you did not it still does not mean that you must give up the files. Some state boards' statutes and laws specifically address this situation, and the AIA also has some policies on it.
That having been said, it's not unusual to be asked for the files when a project is being transitioned as in your situation. And, more often than not, architects and designers do pass on the files, as a matter of professional courtesy and in the spirit of cooperation (or what goes around comes around).
I've been on both sides of that - both the architect taking over after someone else has started a project, and the jilted one who started a project - and in both cases it's been helpful to everyone involved if the files were passed along. I've never refused to pass drawing and model files along. I've encountered some reluctance from other architects to pass their files on to me, but I've always stressed that they are very valuable for reference purposes and that I certainly intended to do my own drawings and models as the project progressed...
Usually there is a letter agreement passed on with the files that states that the initial architect or designer is passing them on for project continuity purposes only, and makes no claims as to their accuracy, completeness, etc. - and that the initial architect or designer no longer holds any responsibility for the fitness of the resulting building, etc. If you have an insurance rep he can help you write this type of thing. It should go to your client, and also to anyone to whom you pass on the drawings.
Sounds like the architect/developer didn't feel they had the horsepower to do the project with help... thus the talk with the larger A/E firm. In that scenario, I'll bet it's time to face that your role is drawing to a close.
I would get paid for my work. And I would keep all files.
You don't seem overly committed to staying with the firm where you work now, so you could apply for a job at the larger A/E firm ! Your prior work on the project, plus your ownership of the file could give you some possible leverage.
Bloopox - thanks for your insights. I do feel a bit spurned, but I'm not a spiteful person by nature. Its good to be reminded that I've been on the side receiving drawings as well.
Sandroad/quizzical - the large firm is indeed being brought in because of their capacity - as the project becomes more "real" I think everyone has realized its scale and complexity. I can sympathize with the desire to set up for a successful project. Transitioning to the larger is certainly an interesting angle that I'm going to think about, thanks!
jsimansk, it's a bit late to post but may be useful to you or to others still.
Bloopox had good insight about documents being instruments of the architect's service. However, that is limited to contract laws, usually enforced at a state level, more readily enforced if there is a written document, which it sounds like there wasn't. (How often do we hear that in our field?) This may be a problem, but a lawyer might say it's an opportunity for you to clarify your situation.
Federal laws sometimes override state laws, as when it involves a work of expression, which is covered by copyright. (What you did was a work of expression: drawings of an architectural design.) Sounds like architect/developer did some design work (owned by that firm), but that you did lots of documents based on those (called derivative works), in which you might have a legal ownership claim that you could use to get paid. These ownership rights can't be transferred by anything but a written document, if I understand correctly, though there would be some "implied right" by your client/employer to use them upon paying you.
Hopefully, you've resolved this by now, or else have legal counsel with specific knowledge of the very specialized area of copyright law. For more info, here's a website where you can download a pdf booklet specifically on this subject, called "Copyright Basics for Home Designers & Builders" (no, it's not my site, and I don't work for them or owe them $$, just a great resource): link
Mar 18, 08 12:34 am ·
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File Ownership Rights
Hi all -
For the past 6 weeks or so I've been helping an architect/developer on the side and I've found myself in a bit of a tricky situation in regards to my digital files. Some background:
I was hired to put together a presentation package for a large multiuse development - this developer is one of four being considered at this point. There was no formal contract on my part, but I do have in writing that I am to deliver a site plan, elevations, and a couple perspective drawings. I've been using Sketchup, so I also offered up an animation. I've also been asked for some schematic plans and interior 3d views - a lot of extra work but in my opinion worth the effort to boost the chances of getting the project (I'm working on a fair but by no means extravagant fixed fee).
The architect has stated explicitly that he would want me involved in the project if it was awarded - this would mean leaving my full time job, or at least taking a leave of absence. I was under the assumption thismeant managing and overseeing some drafting help and retaining some design control. Throughout the modelling of these buildings I've been excited about the prospect of programming the spaces, cutting sections and generating the details for what is in some ways a pretty ambitious design. The architect/developer gave me about 3 pages if rough sketches to start with - its fair to say that the project wouldn't have the polish it does without my 100 hours of (night & weekend) work. Though a collaboration, I'd say the design is at least about 30% "mine".
The file ownership question is this - I recently found out that the developer has been talking to a large A/E firm to act as the Architect of Record. This really changes the picture if what I expected my role to be, if I'm still even needed. At best I'd be an owner's liason or "designer" - I was really looking forward to getting into the meat of the project though. Last night I was sent a link to the AoR FTP site, and I'm expecting a request today for my digital files to this point. The presentation is still 2 weeks away. I've provided numerous jpegs of plans and perspectives, not to mention the animation. I don't want to give up my Sketchup file - I've always hesitated when sending out dwg files in the past as well.
Any thoughts?
You might want to take a look at this thread.
forgive a dumb question -- but I can't tell who you are working for?
Nows the time to write up a contract before things start to get even more sticky.
John - thanks, I remember that thread but that discussion didn't seem as applicable given the design relationship I have with the architect/developer who is paying me.
SandRoad - sorry I wasn't clear - I'm performing work for a developer who also happens to be an architect ( though no longer full time)
PixelWhore - cardinal mistake, I know ... But one of those situations where I was hoping if I gave bit up front I'd get back a lot more later
The files are considered "instruments of service", and as such they belong to the architect. It's a good idea to spell this out in your contract, but if you did not it still does not mean that you must give up the files. Some state boards' statutes and laws specifically address this situation, and the AIA also has some policies on it.
That having been said, it's not unusual to be asked for the files when a project is being transitioned as in your situation. And, more often than not, architects and designers do pass on the files, as a matter of professional courtesy and in the spirit of cooperation (or what goes around comes around).
I've been on both sides of that - both the architect taking over after someone else has started a project, and the jilted one who started a project - and in both cases it's been helpful to everyone involved if the files were passed along. I've never refused to pass drawing and model files along. I've encountered some reluctance from other architects to pass their files on to me, but I've always stressed that they are very valuable for reference purposes and that I certainly intended to do my own drawings and models as the project progressed...
Usually there is a letter agreement passed on with the files that states that the initial architect or designer is passing them on for project continuity purposes only, and makes no claims as to their accuracy, completeness, etc. - and that the initial architect or designer no longer holds any responsibility for the fitness of the resulting building, etc. If you have an insurance rep he can help you write this type of thing. It should go to your client, and also to anyone to whom you pass on the drawings.
Sounds like the architect/developer didn't feel they had the horsepower to do the project with help... thus the talk with the larger A/E firm. In that scenario, I'll bet it's time to face that your role is drawing to a close.
I would get paid for my work. And I would keep all files.
"without help", that is...
You don't seem overly committed to staying with the firm where you work now, so you could apply for a job at the larger A/E firm ! Your prior work on the project, plus your ownership of the file could give you some possible leverage.
quizz... now that's the angle to play!
Bloopox - thanks for your insights. I do feel a bit spurned, but I'm not a spiteful person by nature. Its good to be reminded that I've been on the side receiving drawings as well.
Sandroad/quizzical - the large firm is indeed being brought in because of their capacity - as the project becomes more "real" I think everyone has realized its scale and complexity. I can sympathize with the desire to set up for a successful project. Transitioning to the larger is certainly an interesting angle that I'm going to think about, thanks!
jsimansk, it's a bit late to post but may be useful to you or to others still.
Bloopox had good insight about documents being instruments of the architect's service. However, that is limited to contract laws, usually enforced at a state level, more readily enforced if there is a written document, which it sounds like there wasn't. (How often do we hear that in our field?) This may be a problem, but a lawyer might say it's an opportunity for you to clarify your situation.
Federal laws sometimes override state laws, as when it involves a work of expression, which is covered by copyright. (What you did was a work of expression: drawings of an architectural design.) Sounds like architect/developer did some design work (owned by that firm), but that you did lots of documents based on those (called derivative works), in which you might have a legal ownership claim that you could use to get paid. These ownership rights can't be transferred by anything but a written document, if I understand correctly, though there would be some "implied right" by your client/employer to use them upon paying you.
Hopefully, you've resolved this by now, or else have legal counsel with specific knowledge of the very specialized area of copyright law. For more info, here's a website where you can download a pdf booklet specifically on this subject, called "Copyright Basics for Home Designers & Builders" (no, it's not my site, and I don't work for them or owe them $$, just a great resource):
link
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