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OPINION
T he Architectural Works Copyright Protection Act, passed in 1990, provided copyright protection to original designs. Not only did it prevent designs from being copied by others, the act also provided architects with an avenue for ensuring payment was made for design services rendered, as they had the ability to withdraw their copyright. The Architectural Works Copyright Protection Act of 1990 granted architects copyright protection for their designs, but recent trends see ownership shifting. Contractual provisions and design ownership
Lauren Martin
Subsequently, the AIA standard agreements were adapted granting owners a limited license to use the documents, but the designer maintained the ownership and copyright. Even if another contract was used and not specifically recorded in writing, a license to the building owner and the contractors that gives them the right to use and copy drawings for the purpose of the construction project was granted; however, that license ended upon completion of the job. Now, more than 30 years later, prospective contracts for design professional insureds more frequently contain provisions inserted that shift the design ownership and copyright from the architect to the owner.
While this new trend is perplexing, it may illustrate that those clients, or their lawyers, pushing for these contractual changes are moving farther away from understanding exactly what design professionals do and the value of their services. It muddies the distinction between providing services and providing work. These actions may also be a result of different project delivery methods taking hold, including contractual relationships among the parties, the use of Building Information Modeling, and questions that have been posed regarding who owns the model. Irrespective of the reasons driving their insertion, these provisions should not be ignored. Start by having your lawyer review and edit them to make
See LAUREN MARTIN, page 8
THE ZWEIG LETTER APRIL 15, 2024, ISSUE 1533
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