[Copyright] Architectural Drawings. Etc.

Thu Apr 18 22:57:01 EDT 2024

The registration requirement is limited to actions for infringement.  17
USC 411(a).

On Thu, Apr 18, 2024 at 6:13 PM Craig McLaughlin <cmlaw at jps.net> wrote:

> Many thanks for all of the generous contributions to the puzzle and happy
> to have more.  In a related question, to sue for share of profits as a
> joint author under the copyright laws, is it like infringement in that
> registration is required?
>
> Craig McLaughlin
> Sent from my iPhone
>
> On Apr 18, 2024, at 2:49 PM, Paul Jonesqquired? <pjones at jonesco-law.ca>
> wrote:
>
> 
>
> I realize that this may depend on local law, but could the work be the
> product of a partnership, which was dissolved when she was excluded?
>
>
>
>
>
> Paul Jones   钟 保 禄   Пол  Джоунс
>
> Barrister , Solicitor & Trade-mark Agent
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>
> *From:* Copyright <copyright-bounces at oppedahl-lists.com> *On Behalf Of *Michael
> D. Steger via Copyright
> *Sent:* Thursday, April 18, 2024 4:34 PM
> *To:* 'For copyright practitioners. This is not for laypersons to seek
> legal advice.' <copyright at oppedahl-lists.com>; cmlaw at jps.net
> *Cc:* Michael D. Steger <msteger at steger-law.com>
> *Subject:* Re: [Copyright] Architectural Drawings. Etc.
>
>
>
> That depends on which Circuit you are in.  The control test is primarily a
> creature of the 9th Circuit, as it can let the dominant party squeeze out
> others who thought they were contributing to a joint work.
>
>
>
> *From:* Copyright <copyright-bounces at oppedahl-lists.com> *On Behalf Of *Jessica
> R. Friedman via Copyright
> *Sent:* Thursday, April 18, 2024 4:29 PM
> *To:* For copyright practitioners. This is not for laypersons to seek
> legal advice. <copyright at oppedahl-lists.com>; cmlaw at jps.net
> *Cc:* Jessica R. Friedman <jrfriedman at litproplaw.com>
> *Subject:* Re: [Copyright] Architectural Drawings. Etc.
>
>
>
> P would be a joint author only if the dominant author  -- if there is one
> -- intended that she be one.
>
>
>
> Jessica R. Friedman
>
> Attorney at Law
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>
> <image001.png>
>
>
>
>
>
> *From: *Copyright <copyright-bounces at oppedahl-lists.com> on behalf of
> Cumbow, Bob via Copyright <copyright at oppedahl-lists.com>
> *Date: *Thursday, April 18, 2024 at 4:20 PM
> *To: *cmlaw at jps.net <cmlaw at jps.net>, 'For copyright practitioners. This
> is not for laypersons to seek legal advice.' <copyright at oppedahl-lists.com
> >
> *Cc: *Cumbow, Bob <Robert.Cumbow at millernash.com>
> *Subject: *Re: [Copyright] Architectural Drawings. Etc.
>
> If no work-for-hire agreement was operative, then the team project was
> likely a work of joint authorship, which means that everyone who
> contributed copyrightable subject matter to the finished product is a full
> owner of the copyright in the finished work, and free to exploit the work
> without the permission of the other joint authors, but must share equally
> with the other joint owners any compensation received from exploitation of
> the work. This can quickly become a complicated mess, which is why people
> who set out to create a work “as a team” should have a clear written
> agreement about copyright *before* pen is ever set to paper.
>
>
>
> *Bob*
>
> * Cumbow*
>
> Partner
>
> *Miller Nash LLP*
>
> 605 5th Ave S, Ste 900 | Seattle, WA 98104
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> *From:* cmlaw at jps.net <cmlaw at jps.net>
> *Sent:* Thursday, April 18, 2024 1:11 PM
> *To:* Cumbow, Bob <Robert.Cumbow at millernash.com>; 'For copyright
> practitioners. This is not for laypersons to seek legal advice.' <
> copyright at oppedahl-lists.com>
> *Subject:* RE: [Copyright] Architectural Drawings. Etc.
>
>
>
> *[EXTERNAL MESSAGE: This email originated from outside of the firm. Do not
> click links or open attachments unless you recognize the sender and know
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>
> ------------------------------
>
> 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.
>
>
>
> *Bob*
>
> * Cumbow*
>
> Partner
>
> *Miller Nash LLP*
>
> 605 5th Ave S, Ste 900 | Seattle, WA 98104
>
> *Direct*: 206.777.7468
>
>  |
>
> *Cell*: 425.443.0990
>
>  |
>
> *Office*: 206.624.8300
>
> *Email <Robert.Cumbow at millernash.com>*
>
>  |
>
> *Bio <https://www.millernash.com/professionals/robert-c-cumbow>*
>
>  |
>
> *Insights <https://www.millernash.com/firm-news>*
>
>  |
>
> *Website <https://www.millernash.com>*
>
>
>
> *Our attorneys regularly offer insights to address the challenges faced by
> our clients. To visit the Miller Nash industry-focused blog overview page
> on our updated website: **please click this link
> <https://www.millernash.com/firm-news>**. *
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> *From:* Copyright <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>
> *Cc:* cmlaw at jps.net
> *Subject:* [Copyright] Architectural Drawings. Etc.
>
>
>
> *[EXTERNAL MESSAGE: This email originated from outside of the firm. Do not
> click links or open attachments unless you recognize the sender and know
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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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