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From page 6... ... 6 engineering plans or designs are separately copyrightable.37 A threshold issue concerns who owns a model created by the use of BIM as well as any models that are derived from an underlying model. The answer depends on the copyright laws and the contract for the project. Read the entire page →
From page 7... ... 7 (AMG) 53 surface models for which an independent contractor is the sole developer and user. Read the entire page →
From page 8... ... 8 unless there is a signed agreement designating the work as one for hire.69 Thus, in the absence of a written agreement providing to the contrary, an independent architect, consultant, designer, engineer, or planner developing a model usually holds the copyright in any plans or model derived from the plans for a project.70 The foregoing rule is not affected by an owner's involvement or participation in a project, such as by furnishing ideas, preliminary drawings, sketches, or specifications for a project or by having control of a project.71 The owner's involvement does not make the owner an author or co-author of the plans or model for a project.72 Moreover, in the absence of a contract, an owner of a project does not acquire a copyright in any plans or a model for a project simply because the owner paid for them.73 Of course, a transportation department may provide as part of its contract that the department either owns or is a joint owner of the copyright in any model or derivative models created for a project.74 3. The Joint Authorship Rule A party who is unable to claim a copyright in a work because of the work-for-hire rule "may turn to a theory of joint authorship."75 Under the joint authorship rule, unless otherwise provided by contract, an owner's involvement simply by virtue of its ownership of or participation in a project does not render the owner a joint author. Read the entire page →

From page 6...

... 6 engineering plans or designs are separately copyrightable.37 A threshold issue concerns who owns a model created by the use of BIM as well as any models that are derived from an underlying model. The answer depends on the copyright laws and the contract for the project.

Read the entire page →

From page 7...

... 7 (AMG) 53 surface models for which an independent contractor is the sole developer and user.

Read the entire page →

From page 8...

... 8 unless there is a signed agreement designating the work as one for hire.69 Thus, in the absence of a written agreement providing to the contrary, an independent architect, consultant, designer, engineer, or planner developing a model usually holds the copyright in any plans or model derived from the plans for a project.70 The foregoing rule is not affected by an owner's involvement or participation in a project, such as by furnishing ideas, preliminary drawings, sketches, or specifications for a project or by having control of a project.71 The owner's involvement does not make the owner an author or co-author of the plans or model for a project.72 Moreover, in the absence of a contract, an owner of a project does not acquire a copyright in any plans or a model for a project simply because the owner paid for them.73 Of course, a transportation department may provide as part of its contract that the department either owns or is a joint owner of the copyright in any model or derivative models created for a project.74 3. The Joint Authorship Rule A party who is unable to claim a copyright in a work because of the work-for-hire rule "may turn to a theory of joint authorship."75 Under the joint authorship rule, unless otherwise provided by contract, an owner's involvement simply by virtue of its ownership of or participation in a project does not render the owner a joint author.

Read the entire page →

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