Copyright of Artwork used For Project...

Log Out | Topics | Search Moderators | Register | Edit Profile

Author Message Michael Chusid, RA FCSI CCS Senior Member Username: michael_chusid Post Number: 302 Registered: 10-2003 Posted on Friday, July 28, 2017 - 12:56 am:    I am writing a section for printing and installing murals using artwork to be supplied by Owner or by Architect as Owner's agent. What does the spec need to say to let bidder and contractor know that the contractor does not have to worry that printing the mural will not violate someone's copyright? Is it enough to say Owner or Architect will provide graphic file? Should I say that Owner or Architect has or will obtain license to use copyrighted material? Should owner be required to submit documentation of license to installer? Michael Chusid, RA FCSI CCS www.chusid.com www.buildingproduct.guru 818-219-4937 Dave Metzger Senior Member Username: davemetzger Post Number: 695 Registered: 07-2001 Posted on Friday, July 28, 2017 - 07:12 am:    This is a legal issue, not a technical one. Have the owner obtain an opinion, and appropriate wording, from their attorney. David G. Axt, CCS, CSI ,SCIP Senior Member Username: david_axt Post Number: 1580 Registered: 03-2002 Posted on Friday, July 28, 2017 - 07:57 pm:    A word of caution: Getty Images is extremely litigious. David G. Axt, CCS, CSI, SCIP Specifications Consultant Axt Consulting LLC Michael Chusid, RA FCSI CCS Senior Member Username: michael_chusid Post Number: 304 Registered: 10-2003 Posted on Friday, July 28, 2017 - 08:07 pm:    Here is part of answer to my own question: Per AIA A201-17 § 3.17 Royalties, Patents and Copyrights The Contractor... shall not be responsible for defense or loss... where the copyright violations are contained in... documents prepared by the Owner or Architect... Michael Chusid, RA FCSI CCS www.chusid.com www.buildingproduct.guru 818-219-4937 J. Peter Jordan Senior Member Username: jpjordan Post Number: 983 Registered: 05-2004 Posted on Saturday, July 29, 2017 - 09:27 am:    This definitely puts the onus on the Owner or the Architect to obtain copyrights for the artwork. For may "stock" images this should not be a difficult, but the Owner should be aware that there may be a cost associated with using the artwork. In some cases, the Owner may have a Art Department or a advertising consultant that may be able to provide the artwork. The Architect may want to produce the artwork, but in my experience, this is less satisfactory than using the services of a commercial artist. J. Peter Jordan, FCSI, AIA, CCS, LEED AP, SCIP