Copyright violations

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Author Message Ronald J. Ray, RA, CCS, CCCA Senior Member Username: rjray Post Number: 74 Registered: 04-2004 Posted on Monday, November 24, 2008 - 10:35 am:    Has any independent specification consultant had any experience with a client copying, without permission, your copyrighted documents for use on projects you were not involved? If so, what action did you take and how was the issue resolved? Thanks. Phil Kabza Senior Member Username: phil_kabza Post Number: 348 Registered: 12-2002 Posted on Monday, November 24, 2008 - 08:30 pm:    I think it behooves those of us to whom it applies to read the AIA Code of Ethics at least once a year. Bear in mind that one can bring a complaint against a member for violation: http://www.aia.org/SiteObjects/files/2007Codeforprint.pdf Anne Whitacre, FCSI CCS Senior Member Username: awhitacre Post Number: 858 Registered: 07-2002 Posted on Tuesday, November 25, 2008 - 12:24 pm:    I also know a colleague who sued for copyright infringement and won... he was able to put the down payment on a house with the proceeds. RH (Hank) Sweers II RA CSI CCS Advanced Member Username: rhsweers2 Post Number: 5 Registered: 08-2005 Posted on Wednesday, November 26, 2008 - 10:40 am:    Ron, as an "Architect" (not as a spec consultant) I had a developer-client that never paid for our work (I'll get you covered next week . . ) who then sued another developer (after he lost his "option" on the land) for "using" our approved preliminary-development design. We ultimately had to "turn-over" our copyright to our "dead-beat" client (that was VERY difficult) in exchange for a significantly reduced possible payment so that THEY would engage an attorney to pursue the developer, Architect and Civil Engineer who later incorporated our "work" in their development design (our documents were always marked with our copyright notice - and we had already written off the bill mentally). We had actually offered the "new" developer to "purchase" our copyrighted design for their use, but they declined - saying that they would re-design the entire development (a decision I'm sure they later regretted). However, the city insisted on compliance with the original approved plans. Our client's attorney found "public-record" testimony that the "final-development" design was "essentially" the same as the approved preliminary design that we prepared. This was enough to obtain a settlement from one design entity. Typically, "alteration" of the original work minimizes the copyright - unless the "derivative" concept can be maintained. If your client change the text or overall appearance of "your" work, they are probably home-free. And ultimately, it takes a copyright-patent attorney to make them not do so - generally at your cost up front with a hefty retainer in case the lawsuit goes nowhere. Your best option might be to provide only a PDF file to your client - although even that can be altered. "Knowledgeable" clients (those that actually read and understand contracts) will typically require your copyright to your work upon their full payment to you - for their future use and management of their design without your involvement anyway. The one's that never read the agreement will probably copy everything you do - and knowing a good attorney is really your only resource. By then, the Client relationship is probably toast anyway! Ronald L. Geren, AIA, CSI, CCS, CCCA, SCIP Senior Member Username: specman Post Number: 712 Registered: 03-2003 Posted on Wednesday, November 26, 2008 - 11:27 am:    There appears to be confusion between copyright and license regarding the use of documents. The architect retains copyright to the intellectual property--the original and unique design. However,the copyrighted design is created through the incorporation of licensed and public domain elements. AIA documents do not require the architect to transfer the copyright to the owner, but does grant the owner a license to use the "Instruments of Service" for the sole purpose of constructing and maintaining the project--provided the owner has fulfilled it's obligation under the terms of the contract, including payment of fees due. If an independent specifier uses a product such as MasterSpec to prepare the specifications, AIA retains the copyright for the guide specifications and grants the user a license to use their product to write specifications. The independent specifier, in-turn, grants a license to his/her client to use the specifications he/she prepares for the sole purpose of constructing and maintaining the project. If an independent specifier developed his/her own master guide specifications, then they hold the copyright on the documents and, like above, grants his/her client a license to use the specifications for that project only. Anonymous   Posted on Saturday, November 29, 2008 - 11:30 am:    As an independent specifier, if I were to litigate an A/E client for their reuse of specs, I certainly wouldn't expect the A/E to ever solicit my specs services again, but I would also be concerned about my local reputation and how it might affect my ability to solicit services to other A/Es in the locale. Sure, it's written in your contracts...and most A/Es are...I'm guessing...honorable in that respect, so is "going after those few bad apples" worth the possible long(er)-term effects? Not for myself. But more importantly, I do (try and) protect myself with (non-negotiable) indemnity clause in my contracts, should A/E reuse specs without permission...something that everyone should have in their contracts. Ronald J. Ray, RA, CCS, CCCA Senior Member Username: rjray Post Number: 76 Registered: 04-2004 Posted on Sunday, November 30, 2008 - 08:00 pm:    To clarify, the documents reused without my permission are completely identical except for the name of the project in the footer and the elimination of my copyright notice that occurs in the footer of each page of the specifications I prepare. I do not use SpecLink, MasterSpec or any other commercial software product. There is no confusion between copyright and license agreement as it relates to a specific project and associated agreement for professional services. I only provide hard copies to my clients, never anything electronic, including pdf files. And I agree with annoy, that if I pursue the apparently copyright infringement, it is certainly unlikely that I will ever hear from them again regarding future work. I’ve considered talking to the principal of the firm, and attempting to reach an agreement that they stop coping documents in which I hold the copyright. Thanks for the comments. Jo Drummond Senior Member Username: jo_drummond_fcsi Post Number: 27 Registered: 06-2007 Posted on Monday, December 01, 2008 - 04:44 pm:    Two specifiers in the Los Angeles area, me being one of them, wrote specs for a local architect doing school projects. We each wrote at least 2 dozen for them over a few years time. Several years later, they are still copying our work. We just laugh about it. As most of the comments point out, there isn't a lot we can actually do. Separately, I was recently approached by a school district asking permission to copy my specs., as they liked them and wanted to use them on all (about 20) of their current projects. The spec. they wanted to use was 5 years old, with substantial code changes, accessibility updates and the usual manufacturers and standards revisions in the meantime. I told them I couldn't in conscience sell or even give that to them. So far, I am writing the specs. for a bunch of their projects for several architects. In conjunction with the request of the school district, I consulted a friend who is an attorney. She suggested that I give them a limited license, which I may do, and that I put a copyright notice on each page all the time. Ronald, I see that you say you do that. Does anyone ever complain? Do other independents using their own specs. put copyright notices on each page? on the table of contents? Ronald J. Ray, RA, CCS, CCCA Senior Member Username: rjray Post Number: 78 Registered: 04-2004 Posted on Monday, December 01, 2008 - 06:29 pm:    Jo, Only one architect has ever complained about my copyright notice on each page of the specifications I prepare. On that project, I only prepared specifications for the associate architect, not the complaining architect of record. They were under the impression, which I believed to be false, that they had given away their copyright under their agreement with the Owner. I explained to them that under my agreement, I had not given my copyright to the associate architect or anyone else. They ended up “whiting out” my copyright notice on the hard copies I sent to them prior to printing. Phil Kabza Senior Member Username: phil_kabza Post Number: 349 Registered: 12-2002 Posted on Monday, December 01, 2008 - 10:20 pm:    Jo, Have you considered bringing a formal complaint to the state AIA chapter's committee on ethics? You don't need to hire a copyright lawyer to do that, and the prospect of being hauled up and reprimanded in front of their peers may give an architect pause regarding stealing your work, even if their own ethics don't.