Practice Management Member Conversations

This message has been cross posted to the following Discussion Forums: Small Project Practitioners and Practice Management Member Conversations .
-------------------------------------------
Receipt of electronic, editable drawing files is of huge benefit and value to the recipient.
Since they are originals and instruments of service, they are owned by the architect who also owns all common law, statutory and other reserved rights, including the copyright.
The beneficiary of these electronic files should pay for those rights, just like the music, art, publishing, photo, movie or video worlds require.
As the architect, you have created tremendous value and should guard those rights and expect payment for the use or ownership of those rights.
If you need a simple agreement for transfer of those rights, I can send you a sample of the one I use.
-------------------------------------------
Larry Paul AIA
L.A. Paul & Associates
San Francisco CA
-------------------------------------------

Have you considered having the soon-to-be Architect of Record retain your services as "Design Architect", along with the transfer of the documents?  You could "license" the use of your information to them, for this project only, as-is, no warranty of suitability, (explain this as your docs being at most design development) etc.,  and subject to them being responsible and indemnifying you for anything that could come up?

This would give you a remaining (small) connection to the project, if you wish to use it for future marketing, and could create an arrangement for compensation for the time you may expend explaining your design to the new firm.  If he is working completely pro-bono, the client would need to pay you through him

-------------------------------------------
Joel Niemi AIA
Dykeman, Inc.
Everett WA
-------------------------------------------






Original Message:
Sent: 02-24-2011 17:33
From: Larry Paul
Subject: Turning over a project to another architect

This message has been cross posted to the following Discussion Forums: Small Project Practitioners and Practice Management Member Conversations .
-------------------------------------------
Receipt of electronic, editable drawing files is of huge benefit and value to the recipient.
Since they are originals and instruments of service, they are owned by the architect who also owns all common law, statutory and other reserved rights, including the copyright.
The beneficiary of these electronic files should pay for those rights, just like the music, art, publishing, photo, movie or video worlds require.
As the architect, you have created tremendous value and should guard those rights and expect payment for the use or ownership of those rights.
If you need a simple agreement for transfer of those rights, I can send you a sample of the one I use.
-------------------------------------------
Larry Paul AIA
L.A. Paul & Associates
San Francisco CA
-------------------------------------------