6 replies to this topic

[Chaske Faulk]

Hello!

 

We are working with a builder who is hiring us to draw up house plans for him. He also has SoftPlan and is wanting to exchange files. We are drawing up documentation regarding copyrights. Who owns the copyrights? He is under the understanding that he owns them because they are his design ideas. We are under the understanding that since we are drawing them we own the copyrights. Can someone help clarify? I'm assuming there's more to it than this and there is some common ground somewhere. Also, once he pays for that plan is he able to use it on more than one project or just the specific project we are designing it for?

 

Thanks!

 

 

[Kevin Rabenaldt]

Maybe an expert in the field (copyright lawyer) needs to answer but this is what I think the law is.

 

1. If you work for the builder as his employee, his design.

2.  If you modify a plan he owns, I "would say" , his design or someone else.  I guess you could claim the portion you drew is yours.  Determining which are is yours could be a gray area.  In addition, here you may need written permission to modify the design if someone other than the builder owns it.  I always check where they got the design to determine any risk here.

3.  If you design a plan, even with his guidance and input, it is yours.

4.  If you use one of your own plans, modified or not, it is yours.

 

I also understand that any plan you have the copyright to, the only sure fire court house right he would have, (it is yours) UNLESS you give written ownership to him.

 

I think anyone who never looked at the copyright law assumes it is theirs because they paid for it.  This is not correct.

 

I would further add, I work with builders that I want a good relationship with.  I would never share a design I do for one builder with another builder.  I do not use written agreement on use.  Many times the builders use the same plan with modifications.  I charge for the modifications, but not a full plan.  Just my relationship.  If someone (never has happened to my knowledge), wants to sell a plan, I would tell them the law.  I have explained the law to a few builders who have asked, and they are taken aback that they do not own the plan.

[John Jones]

You may want to consult the AIBD.org, they probably have good information on the subject. 

[Cory Ewing]

My plans explicitly state that I own the plans and they are for use on only the one project listed on the construction docs.  I charge a re-use fee for anyone, including the original contractor, using an existing plan more than once.  Maybe it's a local thing, but I've never had a contractor have a problem with this.  Besides, I don't charge much but it makes it worth my time to make a few edits that they always seem to need/want.  And I always have to draw a site plan for the new project.  

 

The only time I had anyone have an issue with a re-use was a customer called me once to see if I would 'give' her the plans to another home I designed.   Yes, this woman thought I'd just email her the full plans for free b/c it didn't require any drafting work on my part. 

[Steve and Carla Farnam]

 HDS FPS 2015.pdf   135.85KB   174 downloadsWe  do the same as Cory. We also place our Copyright watermark across the plan.

We have had some Plan review boards ask us to remove the copyright so the plan 

would be easier to read. A few of those requests, given the setting, could have been 

read that with the copyright removed the plan would be easier to steal. We do not do 

this for a hobby, the copyright stays intact.

[Tom Rogers]

Somewhat a follow up to this topic.  I have a builder who I did a set of drawings for (spec home).  I also am working on 2 others for them.  They have requested me to send the CAD files to them so they can pass them on to their engineer for framing and foundation engineering.  While I do understand this as a reasonable request and to the fact that I am trying to create a long term relationship with this builder, however I also understand that by giving out the CAD files I am opening the gate for this plan to walk out and not come back for future lot specific work/modifications.  Curious to hear how others handle this.

[Steve and Carla Farnam]

Tom, When working with the structural engineer we send PDF copies that the Engineer redlines and sends back

to us to add the redline notes to the plan pages. The Engineer generates the details pages corresponding to the 

section lines and notes I have placed on the plans and then stamps the relative plan pages and adding the detail

pages to create the final plan set, this allows me to keep the original CAD/SP files in house.