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  1. #1
    justthefacts42 is offline Junior Member
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    Apr 2012
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    CAD file ownership

    What is the name of your state (only U.S. law)? NJ

    A landscape contractor has a client who wants a landscape design. This contractor then subcontracts a freelance landscape architect to create this design for him. The contractor receives from the landscape architect a set of plans (in the form of printable PDF files (essentially blueprints)) to present to the client and ultimately to be used to construct the design. The contractor pays the landscape architect a fee for the design plans.

    There is no written contract between the landscape architect and the contractor, only a verbal agreement between the two that the landscape architect will design and deliver plans (drawings) to the contractor for a fee determined by the landscape architect. The landscape architect used his own equipment (hardware and software) and office to create the CAD drawings.

    Who owns the original (CAD) files used to create the design drawing? The landscape architect or the contractor?What is the name of your state (only U.S. law)?
  2. #2
    Zigner is offline Senior Member
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    Jan 2005
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    California
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    In the absence of a contract transferring the rights, I would say that the creator of the files retains the rights.

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