[Copyright] Architectural Drawings. Etc.

[Jessica R. Friedman]

Craig is right. Architectural drawings are not one of the categories of works that qualify as works for hire commissioned from non-employees.

Jessica R. Friedman
Attorney at Law
300 East 59 Street, Ste. 2406
New York, NY 10022
Phone: 212-220-0900
Cell: 917-647-1884
E-mail: jrfriedman at litproplaw.com<mailto:jrfriedman at litproplaw.com>
URL: www.literarypropertylaw.com<http://www.literarypropertylaw.com>

[1479430908386_PastedImage]


From: Copyright <copyright-bounces at oppedahl-lists.com> on behalf of daniel--- via Copyright <copyright at oppedahl-lists.com>
Date: Friday, April 19, 2024 at 3:42 PM
To: Oppedahl Carl <copyright at oppedahl-lists.com>
Cc: daniel at keganlaw.com <daniel at keganlaw.com>
Subject: Re: [Copyright] Architectural Drawings. Etc.
What about possible contract among the authors—where contract includes course of dealing of the parties,
custom of the trade, behavior of the parties, etc. Some or all of the group of collaborating independents might
have some history together.

Daniel Kegan *  <daniel at keganlaw.com>
KeganLaw * Counsel to Counsel™ * <http://www.keganlaw.com>
We identify, develop, and protect intangible business assets
and counsel other professionals on legal issues.
Balanced Counsel for Smart Clients®
29 Kendal Dr
Kennett Square PA 19348-2323 USA
847=452-2599


On Apr 19, 2024, at 12:00 PM, copyright-request at oppedahl-lists.com wrote:
Message: 3
Date: Thu, 18 Apr 2024 13:11:19 -0700
From: <cmlaw at jps.net<mailto:cmlaw at jps.net>>
To: "'Cumbow, Bob'" <Robert.Cumbow at millernash.com<mailto:Robert.Cumbow at millernash.com>>, "'For copyright
practitioners. This is not for laypersons to seek legal advice.'"
<copyright at oppedahl-lists.com<mailto:copyright at oppedahl-lists.com>>
Subject: Re: [Copyright] Architectural Drawings. Etc.
Message-ID: <c15a01da91cc$941a5300$bc4ef900$@jps.net<mailto:c15a01da91cc$941a5300$bc4ef900$@jps.net>>
Content-Type: text/plain; charset="utf-8"

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 McLaughlin

Seal Beach, CA
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/copyright_oppedahl-lists.com/attachments/20240419/438eb6cc/attachment.htm>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 8892 bytes
Desc: image001.png
URL: <http://oppedahl-lists.com/pipermail/copyright_oppedahl-lists.com/attachments/20240419/438eb6cc/attachment.png>