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Tizzy
Joined: 30 May 2007
Posts: 1
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 Posted: Wed May 30, 2007 5:15 pm Post subject: Residential Model |
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Is it standard practice for the architect to keep the very simple model that was built even when the client pays them specifically to build the model in-addition to the other fees for the home plans?
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phansford
Joined: 18 Apr 2004
Posts: 550
Location: SW Ohio
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| Posted: Thu May 31, 2007 4:47 am Post subject: |
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I am assuming you are the client and the architect is not allowing you to keep the model.
There are two sides to this..... the architect may be looking at the model as a document that he owns. However, the owner might feel it is a deliverable that they are entitled to keep.
You have to look at your contract, if you have a contract. If you don't have a contract then ownership is up in the air. What you need to understand is that you are procuring the services of the design professional. The documents (including models) are instruments of the service. They are not products you are purchasing. The end building is the result of the service.
The documents are typically retained by the professional and are considered copyrighted material. Just to clarify, if you take drawings you get from your architect to Kinkos to get copies, you are breaking copyright law and could have legal action taken against you..... not that this happens often. For us it about controlling the quality of work and who is permitted to have copies of our work. We want only the best work (copies) to be viewed by the public and we don't want someone constructing houses we have designed without being properly compensated, particularly a custom one-of-a-kind house. This happens more than you think, people steal drawings off of job sites then try to building the house elsewhere. 
Personally, I might give you the model after I had photographed it for our purposes. We would retain it until we were finished using it during the design process. While I might consider it a document that I own under my contract, I really don't need to have it laying around the office collecting dust after we have finished using it. Of course, you would sign a release concerning copyright ownership. And if you were to publish or publicly display the model and not credit us, we would not be happy and you would hear from our attorney.
On the other hand, if our relationship was taking a turn for the worst, I would aggressively protect my rights and ownership of ALL documents I legal own under copyright laws.
Tread lightly. |
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mx2
millennium club
Joined: 18 Jan 2006
Posts: 1968
Location: Miami, Florida
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| Posted: Mon Jun 04, 2007 4:48 pm Post subject: |
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the fuzzy area is the use of terms like "standard practice" and "common"; this is as binding as "definitely maybe". Is it legal for an architect to keep the model (s)he built for the client? Yes. All documents and related material are forever under the copyright protection laws for the architect, even when giving the drawings to the client for their use, however, if the agreement was for purchasing a model that the client paid for and never received, then that is basically the only time I can see the architect is in legal default. And a "handshake" agreement is just as binding as a paper one however it is more difficult to prove in a court of law.
But more importantly, I'm left wondering why was this an issue to begin with? What is the purpose of the model? Is there an actul building behind this exercise? Why does the client need the model at all? It seems the grey area is causing friction as well, and a simple sit down may clear things up by being frank and honest with one another. Good communication is critical in a business relationship.
mx2.5
_________________
*Art of Architecture: The conscious use of skill and creative imagination in the production of an aesthetic building.
*Science of Architecture: The calculated use of technical skill and knowledge in the construction of a functional building. |
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santhianand1
Joined: 04 Jun 2007
Posts: 1
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| Posted: Mon Jun 04, 2007 10:58 pm Post subject: Re: Residential Model |
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| Tizzy wrote: | Is it standard practice for the architect to keep the very simple model that was built even when the client pays them specifically to build the model in-addition to the other fees for the home plans?
Thanks |
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