Copyright Infringement

[rkopplin]

I am an architect with a client that has not paid in full for professional services rendered in connection with a nursing home.

I have terminated my contract, and requested that all construction documents and specifications be returned. I have also withdrawn my Architect of Record status.

Since he has not paid and has not returned the plans, I consider this illegal use of my intellectual property and copyright infringement.

Do I have a better and stronger case with this route rather than none payment of fees?

 

[rkopplin]

Oops, forgot to say that I am in Texas.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

I specialize in copyright.

You need to add more detail please.

Explain the contract you had with this company. Who had the ownership under the contract? Up to what point did you stop work? How much done?

Etc.

 

[rkopplin]

The paragraph below is what was in my contract. I have completed plans and building is under construction.

OWNERSHIP AND USE OF DOCUMENTS

The drawings, specifications and other documents including those in electronic form are Instruments of Service for use solely with respect to this Project. The Architect and the Architect’s consultants shall be deemed the authors and owners of the Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights.

 

[lawrat]

If they signed this contract with this provision in it, then the copyright is yours!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by rkopplin:
The paragraph below is what was in my contract. I have completed plans and building is under construction.

OWNERSHIP AND USE OF DOCUMENTS

The drawings, specifications and other documents including those in electronic form are Instruments of Service for use solely with respect to this Project. The Architect and the Architect’s consultants shall be deemed the authors and owners of the Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights.

<HR></BLOCKQUOTE>

Sounds like the contract is an AIA form. You are correct on the copyright infringement and have this issue plus the nonpayment one. You wanna raise a ruckus? Hire an attorney to file a mechanics lien on the property/project, file a restraining order based on the copyright infringement and serve the property owner, developer, project builder, contractors, architects/engineers, lenders, building department etc. In addition to copyright infringement by the owner (your client) put the other parties (architect, civil engineer structural engineer, mechanical engineer, all contractors etc. any and all parties that are using the plans and specifications for reference or actual construction) on notice that they are also guilty of copyright infringement.

 

[lawrat]

Respectfully to home guru's advice, do you want to risk your business rep and your possible future clientelle?

 

[rkopplin]

I don't want these guys as clients again anyway.