I have a situation where a client is requesting the digital file (ArchiCAD) for a fairly small home addition. I have completed the design and documentation (to about a design development stage - fully modeled). This was the extent of our agreement. The construction management department at the local university has coordinated with the owner to build the project. They would like to obtain the file through the owner to make changes, use for estimating and for basic planning exercises. I will no longer be involved. I have done quite a bit of research on licensing and copyright issues and perceive there is a range of responses I could take. I could charge for the release of the file (this is what I have proposed). I could release the file without cost (contribution to the project). I could release the copyright (don't really want to do this). Etc.
The owner and department have the general sense that because the owner paid for my design services they now are entitled to the file. I assured them I retain the ownership of the design and they are given a limited licensee to build the structure once via the plans - standard copyright language. Releasing the file is not standard practice and should prompt additional compensation.
I am torn between supporting an educational endeavor on one hand and being compensated for the release of the file (beyond the usual set of plans) on the other. As architects we tend to give away so much without compensation, however we also want to maintain good relations. What to do?
I would appreciate suggestions and guidance on this.
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Matthias Pearson AIA
Architect
Matthias J. Pearson, Architect
Siloam Springs AR
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