[Copyright] Architectural Drawings. Etc.

[Pamela Chestek]

Just thinking out loud on the legal theory and (therefore) jurisdiction. 
I think it might depend on whether the wrongdoing is (1) the other 
authors deny that your client is also an author, (2) they agree your 
client is an author, but deny that they deserve a share of the prize, or 
(c) both.

If it's (1), a claim of repudiation of ownership is a federal copyright 
claim with a three year time period running from the time of the clear 
repudiation of ownership. I think it is pleaded as a claim of ownership 
(i.e., not infringement) but I'm not 100% sure how to properly plead it. 
I would find a some decisions on challenges to ownership of copyright, 
which are fairly easy to find, and go look at the complaints. I don't 
know whether the claiming author has to have a registration (which I 
guess will be informed by how the claim is styled), but that should be 
fairly easy to figure out.

If its (2), I'm pretty sure it's a claim under state law for 
disgorgement. A bell is ringing about a New York case, so maybe that 
theory is specific to New York, but it's a starting point.

I guess if it's (3), you start in federal court to resolve part (1) and 
then have the federal court decide (2) under its supplemental jurisdiction.

That's all speculation, but you asked for theories!

Pam

Pamela S. Chestek
Chestek Legal
300 Fayetteville St.
Unit 2492
Raleigh, NC 27602
+1 919-800-8033
pamela at chesteklegal
www.chesteklegal.com

On 4/18/2024 9:50 PM, Craig McLaughlin via Copyright wrote:
>
> 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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