[Copyright] Architectural Drawings. Etc.

[cmlaw at jps.net]

My understanding of copyright law, “work for hire” does not apply to architectural drawings unless it was within scope of employment.  Team was comprised only of independent contractors and there was no employment relationship or other agreement among them, including as to ownership.  Joint owners are entitled to pro rata share of benefits derived by any owner.

 

Craig

 

From: Cumbow, Bob <Robert.Cumbow at millernash.com> 
Sent: Thursday, April 18, 2024 12:57 PM
To: For copyright practitioners. This is not for laypersons to seek legal advice. <copyright at oppedahl-lists.com>
Cc: cmlaw at jps.net
Subject: RE: [Copyright] Architectural Drawings. Etc.

 

One important question: When P created work as part of the team, was there a work-for-hire agreement, or an employment agreement containing a work-for-hire provision? If so, P does not own copyright in her contributions; but if not, P owns copyright, though she may be in a joint authorship situation with one or more other members of the team.

 






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From: Copyright <copyright-bounces at oppedahl-lists.com <mailto:copyright-bounces at oppedahl-lists.com> > On Behalf Of Craig McLaughlin via Copyright
Sent: Thursday, April 18, 2024 12:51 PM
To: 'for copyright practitioners' <copyright at oppedahl-lists.com <mailto:copyright at oppedahl-lists.com> >
Cc: cmlaw at jps.net <mailto:cmlaw at jps.net> 
Subject: [Copyright] Architectural Drawings. Etc.

 

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  _____  

Trying to figure out what a joint author (P) of architectural drawings can do to protect her rights.  Assume P is part of a team who supplied a proposal including architectural drawings for a new building, of which P contributed.  The team won the competition, but then several months ago P was cut out as to prize money and, of course, the much larger fees going forward to complete the project.  Registration has not been applied for or determined (a prerequisite to file an infringement claim) and such registration I understand takes 6-7 months these days after application, with more speed (not sure how much quicker?) for an $800 special processing fee.  It seems that statutory damages and fees are unavailable under copyright law (, but what of the use of the drawings going forward toward the completion of the building where construction has not yet commenced?  Can actionable infringements going forward be expected?   Theories appreciated.

 

Craig McLaughlin

Seal Beach, CA

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