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shiltsy

Architect Intellectual Property

shiltsy
9 years ago

So our architect got ticked that I posted exterior elevations and plans online for feedback.

In some ways I understand his point that he doesn't want his IP floating out there on the Internet, but the intent was simply to get a variety of feedback from the community.

Any precedent that others have seen around this? Once the design process is complete, aren't those plans MY property since I paid for his services/plan/etc?

Comments (5)

  • Annie Deighnaugh
    9 years ago

    No...the architect can retain property rights of the plan even though you paid for his services. I asked permission from my architect before I posted plans of my house. He said only with his copyright and to remove all dimensions, which I did.

    Once the house is built, he has no control over what I do with pics of the house though...it's my house.

  • bus_driver
    9 years ago

    We started with a stock plan. We personally made scale sketches of extensive changes to the layout of the second floor plan, our design. The designer, not an architect, who drew the final plans on a computer does claim copyright on those plans. A registered engineer did stamp the plans.

  • virgilcarter
    9 years ago

    It all depends on your owner-architect agreement. That said, the commonly accepted standard (at least using the AIA documents) is that architect-prepared drawings and specifications are "instruments of service".

    Instruments of service means that, as an owner who has commissioned an architect, you have purchased her/his services. Drawings and specifications, and other tangible examples of the service, remain the property of the architect unless specifically noted otherwise.

    Think of it this way: if you had created something unique, based on your years of education, training and experience would you want someone sharing it on the Internet so that anyone and everyone could copy it and reuse it without your prior permission?

    Hope this helps to explain the situation.

  • palimpsest
    9 years ago

    I agree. My understanding is that you can use the plans to build your house and have documentation of how your house is built as a record and as a way to maintain and possibly renovate at some future point, but that the "plan" does not belong to you in the sense that you could do anything you want with it.

    I don't think most agreements would include that you could give or sell your plans to others in order that they could build the same house as if they were "your" plans.

    But it can work the other way as well. If this is a custom plan, it can be put in the agreement that the architect can't sell or use that plan to build the same house for someone else.

  • nightowlrn
    9 years ago

    Have you agreed on the first floor? Is it too late? If not, you might want to sketch it out and get some feedback ....