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If I submit a plan to an architect to be checked and finalized, will it become his or her intellectual property once he or she signs off on it? How can I retain the rights to its use by others? I am not an Architect. I am just interested in keeping my future home an original or at least retaining the rights to its use by others. Maybe this isn’t necessary but can I copyright an unofficial set of plans or is that something only an architect can do?
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Nels - The copyright that you refer to exists by virtue of the design of the house by a professional. For instance, if I design a house for you, you may not then turn around and sell that design to others or use it for another house without my consent or granting of use under the copyright. If you design your house and give me your design and I agree to complete construction drawings based on that design, then you are the designer.
What complicates your question is "if I submit a plan to an architect to be checked and finalized ...". Is it your design alone? Is it a stock plan? In our state, an architect's seal indicates that the plans were prepared
i under the architect's direct supervision
and the stamping of someone else's design is illegal.
If this practice is legal in your state, I assume that you are entering into an Owner-Architect Agreement of some kind. This is generally required by architects' professional liability insurance policies. The architect could, under such an agreement, agree to transfer his/her rights to you as part of the agreement. It wouldn't bother me any to do this, as long as the nature of the specific design didn't prevent me from designing another house with similar, but not identical features. I'm not prepared to give up the right to design a house with windows, to take it to the extreme.
Now, keep in mind that an agreement (and yes, one exists even if you don't have it in writing) must be for a legal purpose. In our state, if the 'checking and finalizing' results in a stamped drawing by the architect (illegal) then no contract can exist in the first place.
The advice, then, is (1) make sure that your actions are legal (attorney) (2) enter into an agreement (contract) and (3) add language that transfers the copyright to you with the consent of the professional. If you leave it vague, the copyright would likely belong to the designer.
Please tell us what you mean by an "unofficial" set of plans.
Jeff
*You may want to look at the information on the website for the Copyright Office of the Library of Congress. There are any number of discussions of copyright on the web, as a search will show you, but most of them center on computer programs. The Copyright Office info does a pretty good job of covering the basics: http://lcweb.loc.gov/copyright/circs/circ1.htmlMy guess would be that absent a contract, the copyright would go to whoever did the most og the original work on the final plan. You would be wise to clarify the ownership issue in writing, however. (disclaimer: I am not a lawyer and have only dealt with copyright issues regarding the ownership of photographs. I am sure that there are other contributors to Breaktime that have had more direct dealings with the issue you raise.)
*I was always understanding that if you made it, you can copyright it, no matter what. Doesn't need to meet any codes or be checked by anyone. The copyright merely means that no one has the right to copy what you've created. And based on this, I'd guess that you can copyright the blueprint no matter if the architect stamps it or not--all they're looking for (or should be), is that you've dotted your I's and crossed your T's in terms of structure, and may be making suggestions on design (depending on what you're hiring them for). But I do have to ask, Nels, what is an "unofficial set of plans"?
*I went through this about a year ago. In this state, if it does not say copied righted on the drawing then its free material. Usually a copyrighted plan will have a watermark on the houseplot itself so it cannot be xerox. Also I was told if I buy a plan and get six copies with it, I can give them to who ever I want legal, just cannot make copies to give.
*I didn't realize that there was a Copyright act specifically covering architectural works. There is an interpretation of the act at:http://www.aepronet.org/pn/vol5-no2.htmlTo quote the section on Ownership of Copyright"Design professionals should undertake every precaution to see that ownership of copyright in the architectural work remains in their hands. The initial owner of the copyright is the author. The author is the person or entity who controls and directs creation of the original work. A firm will be deemed the author of a work if it is a "work made for hire." A work made for hire is one prepared by an employee within the scope of employment or by an independent contractor under a written contract indicating the work is considered a "work for hire.""The exclusive rights of a copyright owner can only be transferred by a written agreement. However, non-exclusive rights may be transferred or licensed orally or by implication. For example, courts, recognizing the practicalities of the marketplace, have construed the Copyright Act to allow the granting of non-exclusive rights by oral agreement and by implication, so the party commissioning the work may use the work product—at least on a non-exclusive basis—for the purposes contemplated. Design professionals wishing to limit, define or impose conditions upon the transfer of non-exclusive rights should do so by a clear and concise written agreement."
*As I remember this from a similar discussion on an Architects forum, the copy write automatically belongs to the person who does the original work at the time he/she does it.butIn order to protect that right it is necessary to 'register' the copywrited work. There is a process and rules for doing this. ad thge word register to your search.I'm still confused and waiting to hear what an un official set of plans is. May I assume that they were drawn on a napkin or some such thing? I've built houses that an architect drew that way.
*I actually researched this, in 1972, and wrote a paper on the subject. I haven't revisited it, and the law may have changed. The law then was you can copyright the plans but not the structure. The problem then was that even if you affixed a c/r label to the building, you couldn't deposit a copy of the work with the c/r office to perfect the c/r.I suppose you could apply for a design patent on the building, but that's expensive and no protection against a copy with small changes.
*i I was always understanding that if you made it, you can copyright itActually, if you made it, it IS copyrighted. It is implied. Once you create a unique item of intellectual property, you, by default, are the copyright owner.The problem, however, is enforcing copyrights. That's where the whole 'grey-muddy' area of copyright and trademark laws get really messy.i In order to protect that right it is necessary to 'register' the copywrited work.You do not need to register a copyright to protect it. It is yours by default. However, registering certainly gives you a better legal foundation to stand on in the event of a dispute.i In this state, if it does not say copied righted on the drawing then its free material.Umm. I'm not a lawyer, but I think this is incorrect. You do NOT need to put the copyright notice on the piece to be protected. Of course, it makes sense to put the copyright on ANYTHING you create. For it to be 'free' that probably means 'public domain'. Do have an item put into the 'public domain' the original copyright owner needs to explicitly state that themselves and/or the original copyright needs to expire, at which time if it is not renewed, it then enters the public domain.Disney is actually trying to enact legislation that will change the time-out rules, as good ol' mickey is about to enter the public domain in a few years...http://www.eonline.com/News/Items/0,1,2470,00.htmlAlso, I think copyright is dictated by fedral and international laws, not state laws...but, like I said, I'm not a lawyer and I could be wrong.
*Any work of creation can be copy righted and that copyright extends to any derivations. But whoever creates the derivation also has a copyright on that derivation ALONG WITH THE ORGINAL.For example Disney has a copyright on the drawing of Mickey. And they can do anything that they want with it. If you make a statue of Mickey along with your own characters then you have created a dirivative work.You can do anything with it as it without Disneys permission as it depends on their copyright. Likewise Disney can't use your additions as your derivation has it's own copyright.Now it depends on Nels orginal work. Is it have enough work to a "creative work" and copyrightable.ASAIK it does not have to be complete or building house plan. In fact it might just consist of design element that the architect uses in the final plans for trim and an emblem on the door. In that case Nels could have a copyright on the design element and the architect could not sell the plans to anyone else without Nels permission.Best thing is to just have an agreement of who has what rights to the plans.
*"Disney is actually trying to enact legislation that will change the time-out rules, as good ol' mickey is about to enter the public domain in a few years..." Scumbag corporations in my opinion are trying to increase the worth of their c/r holdings. When they bought them, they were only good for 75 years (currently) or less. But they can lobby for longer terms and the ones who lose are consumers who might otherwise have more outlets for music, art, archtitecture, etc. What artist or professional is still around to collect royalities after 75 years? A few heirs (who did no creative work themselves) but mostly corporations who have large c/r holdings.Regarding house plans, if you are the only "author" the copyright is yours if you want it (put a notice on the drawings). If you can't do it all yourself, reach an agreement with the architects/engineers involved as to who owns the rights.Better yet, IMHO and experience is to not dream of a big payday from a great plan or patent or whatever. A creative person has no shortage of ideas and there'll probably always be more demand for a specific solution to a specific problem than trying to recycle some old design you've got in the can. For instance, getting a patent doesn't make you rich. It just allows you to spend lots of time in court if you want to defend it.Peddling copyrighted building plans may fall under the professional practices act of your state (i.e. you must be an registered architect or engineer to engage in that business). With the widespread exception allowed for design-and-build contractors. Call up the appropriate state office (such as "Board of registration for professional engineers and land survetors" or somesuch) for a copy of the relevent statues. -David
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If I submit a plan to an architect to be checked and finalized, will it become his or her intellectual property once he or she signs off on it? How can I retain the rights to its use by others? I am not an Architect. I am just interested in keeping my future home an original or at least retaining the rights to its use by others. Maybe this isn't necessary but can I copyright an unofficial set of plans or is that something only an architect can do?