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Robin E. Snyder
Senior Member
Username: robin

Post Number: 490
Registered: 08-2004
Posted on Wednesday, November 20, 2013 - 03:46 pm:   Edit PostDelete PostPrint Post

curious, how often (if ever) do you see Architect's agreeing to transfer copyright rights to the Owner? If you are an independent spec consultant...how do you handle that or feel about that? What if you don't find out about that agreement until 1/2-way through the project?
J. Peter Jordan
Senior Member
Username: jpjordan

Post Number: 646
Registered: 05-2004
Posted on Wednesday, November 20, 2013 - 04:02 pm:   Edit PostDelete PostPrint Post

My standard proposal has language similar to AIA documents indicating that upon payment of all fees, the Architect and Owner have unlimited rights to use and reproduce the documents for activities in connection with the project. I resist total copyright release and release of editable documents. I would not advise any release of copyright until fees have been paid.
J. Peter Jordan
Senior Member
Username: jpjordan

Post Number: 647
Registered: 05-2004
Posted on Wednesday, November 20, 2013 - 04:05 pm:   Edit PostDelete PostPrint Post

I also try to make the case that I have a contract with the Architect and not the Owner. What is contractually binding between the Architect (my client) and the Owner may not be contractually binding between me and my client. This is usually a loosing argument, but someday, some ***hole who unilaterally changes the terms and conditions between me and my client to my detriment is gonna find himself in court just because.

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