Over the past month I have had three different requests for my Cad files. We use Archicad so our project files are based upon a digital model though we can and do produce "plan" files in dwg format.
The first request came through a realtor who had used one of our drawings in an effort to lease a space in a building that we had done some preliminary work for another prospective tenant. The new proposed tenant had taken our drawing to the City Zoning and Building Inspection Department and was told he needed a "stamped drawing". He thought that we would not mind giving him a copy of our CAD file and a stamped drawing for the City at no cost because "we had already done the work".
Needless to say this request was refused and I reminded the realtor that the drawing that he had was an instrument of service and my property and could not be used for any other purpose without my permission.
The second request was from another architect who, on behalf of his client, had been asked to prepare a "test fit sketch" for a relatively small space in the building where my office is located. We had designed the tenant improvements for series of different tenants of that particular space, over the years. At the Landlord's request we had provided a scaled PDF of the existing conditions. The other architect became by e-mail, indignant when I questioned his need for my CAD files and stated that he would have to measure the space and construct his own drawing at great expense to his client. The landlord agreed that the CAD files were indeed my property and that the tenant and his architect should be able to determine wether our not the proposed leasehold would support their program. That is indeed what they did, they did not like the result and did not accept the space.
The third, most recent and most disturbing incident occurred with a major tenant in the same building. This tenant is a growing technology firm and an extremely difficult lease negotiator as they have grown from about 2500 sf to almost 40,000 sf. They have constructed most of the modifications to previous tenant work, themselves with only Landlord approval, which usually is routed by me for our input and critique. We recently provided some minor infrastructure design work. The Tenant's project manager sent me an e-mail saying oh, by the way could we forward them the"CAD files" for their leasehold because they wanted to"mess around with some furniture layout".
The landlord and leasing agent were concerned that they wanted to haggle on the area calculations. The request came on a Friday and I chose to ignore it until the following week. By the next Tuesday, in a flutter of e-mails to the Owner, etc. it was mentioned that they needed those CAD files ASAP because the were interviewing "architects".
I responded that we , as policy, did not release any CAD files without a prior agreement and that the CAD files were an instrument of service, my intellectual property and copyrighted.
We are now negotiating terms for compensation and release of liability.
Obviously there is the ever present global issue that most people do not understand what we as Architects do or how we do it.
But on a more immediate, solvable scale, this issue must pervasive throughout the profession. Did I miss a standard AIA doc for release of Liability???
Thank you Peter for bringing this important issue up in this forum.
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Stephen Casey AIA
Firm Owner/Architect
Stephen Casey Architects
Pittsburgh PA
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