Architectural design copyright

What is the situation with regards to copyright where one designer has designed a building and drawn up the plans, but then a different designer is appointed to do further work on the design and plans?

The scenario is that a designer was engaged to design alterations to a building and prepare plans for the purpose of getting planning appoval, and building control approval. The initial planning approval element was obtained, and the designer has retained full copyright for the work.

The client now wants a different person to prepare constuction plans and submit these for buildng control approval (this entails adding more detail to the outline design, but not changing it). This second designer must use the original designers 'design' and plans to do this.

It seems that this can not be done unless the copyright owner agrees, so it would seem he is in a strong position to claim 'ransom' release fees.

Who is responsible for the payment of such fees - the client or the new designer?

Or is there some implied term that the client can use the plans as he sees fit?

Would it make a difference if the original designer was expecting to do the rest of the work, and proceeded on this basis, but then the client passed this work to someone else instead?

There was no formal contract in place between client and designer

dg

Reply to
dg
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dg wrote in news:1184889111.834959.215500 @q75g2000hsh.googlegroups.com:

I would strongly suggest you go to uk.legal.moderated for advice on this question.

Terry W.

Reply to
Terry W.

A lot depends on the contract, but obviously if the client has paid for the work done and the copyright then he can make copies for constructing the building designed - including adding to the design.

Usually the architect should hand over the CAD files on settlement of his/her invoice.

Obviously the design should not be plagiarised for another building somewhere else - in such a case further fees would normally be payable.

Disputes between architects are normally resolved by RIBA, who also supply specimen contracts.

Architects fees are partitioned into sections with a proportion of the fees assigned for each part depending on the overall value e.g.

Planning application - outline or full Building Regulations for the builders and fitting out. the architect might or might not supervise construction.

Reply to
R. Mark Clayton

It seems a very sensible decision.

dg

Reply to
dg

Check out

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there may be other more relevant or recent cases

Reply to
Tony Bryer

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