Who owns architectural drawings? - Architecture Design & Construction

If you ask any owner or developer who owns the architectural drawings for his project, most would probably say "Well, I paid for them, so I own them." Ask any architect and he would say, "I have not been paid my fee and they are mine." As with many issues, the answer to who owns the drawings depends on the circumstances of their deal and their contract.

As a general matter, architects own their drawings. This is true even if there is no written contract and even if they are not formally copyrighted. However, all this can change if the contract transfers to the owner the copyright to the drawings. All of this also assumes that the architect has been paid his fee pursuant to the contract.

Complications can arise if the owner wants to use the drawings for another project or has paid a substantial part of the architect's fee, but not all and wants to hire another architect to finish the project. Both sides should seek legal counsel since this can be a complex area of the law.

If an architect knows in advance that the client may want to use the drawings on another project, there should be negotiations as to how much the architect will be paid for each subsequent use and this should be incorporated into the contract.

If an architect is terminated from a project, both he and the new architect, as well as the owner, should seek counsel regarding the law. The terminated architect will not want the project to be completed with his drawings. The new architect will not want to risk infringing on the prior architect's copyright. The owner may not be aware of the issues at stake and should be, since he may unknowingly infringe on the first architect's copyright as well.

All of these issues become further complicated with the wide spread use of CADD systems, which allow architects to give the owner complete drawings in a form in which they can be re-used and modified. Architects are well-advised to try to address some of these concerns in their contract to create a chilling effect as to making changes in the drawings or using them.

Under existing copyright law, an architect can get two copyrights - one for the blueprints and drawings as two-dimensional works and another for the "architectural work." In years past, there was protection for the architectural drawings and blueprints, but not for the buildings themselves. Someone could look at a building and draw up plans. "Architectural works" covers architectural designs in building exteriors and interiors.

An owner can own the copyright if the architect assigns the copyright in a document which complies with the Copyright Act or if the architect was an employee of the owner and created the work within the scope of his employment.

Copyright protection extends to making copies of the work (such as buildings that look like the building) and "derivative works" (buildings derived from or modifications of the original building design.

Copyright protection extends for the life of the author plus 50 years. If the work is made for hire, protection extends for the earlier of 75 years from the date of publication or 100 years from when the design was created if the work remains unpublished.

Damages for infringement can include injunctions, money damages, impoundment of the infringing work and even criminal penalties. While formal copyright notices are no longer mandatory for works created after March 1, 1989, they do prevent an infringer from having a damage award reduced and deters infringement. Notices can be placed on blueprints, models and even on buildings. Also, in order to institute a copyright infringement action, the work must be registered with the Copyright Office.

Owners and architects are well-advised to seek legal counsel on this subject before contracts are signed and during a project if the architect is terminated or the drawings are to be used for other projects.

(C. Jaye Berger is an attorney in New York City who specializes in building construction, real estate, environmental law, bankruptcy and litigation. The firm represents a number of owners, contractors, architects, and interior designers. Ms. Berger has written a book about hazardous substances in buildings, which was published by John Wiley & Sons in 1992 and another book about interior design law published in 1994.)

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