Practice Management Member Conversations

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  • 1.  Web site content.

    Posted 11-16-2011 10:08 AM

    I am considering making a web site for my own small "moonlighting" office.  It looks to me that most use of an architect's web site is as an online portfolio for perspective clients to look at past work. Trouble is, all my past work that would be worth posting was done for other architects. I realize it is all the copyright of my employers but it's all I have. Has anyone done something like this? I still work for one of them "9 to 5" and have for 13 years. The only thing I can think of is to just do it and hope for the best or post my work on a site like Architizer as a personal work portfolio and link to that.  What do you all think? Thanks


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    Thomas Streicher, AIA
    Thomas Streicher, Architect
    Monroe NY
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  • 2.  RE:Web site content.

    Posted 11-17-2011 11:06 AM
    You are indeed correct.  When you work for a firm, the firm holds the copyrights in your work under the concept that the work was a "work for hire".  If you use the material without permission, you could be in violation of the copyright.  While the damages might be limited, in concept you would still be subject potentially to a lawsuit, and if your employer registered the copyright prior to your infringement then despite the relatively limited damages you might be subject to, the copyright holder may also be entitled to what are called "statutory damages" (statutory damages are an exponentially larger sum the court could impose to punish an intentional infringement where the actual damages are limited - simply because we as a society wish to punish infringement).  The scenario you describe would be an intentional infringement.

    Understand also the copyright statute allows the prevailing party to recover attorney fees.

    The AIA canons of ethics address this question and suggest that you should be permitted to copy materials for use in your own portfolio.  However, in this instance it appears you wish to continue your employment while using the work of your employer (and while you did perform the work, it is the work of your employer) to build what at some point could be a competing business.  That could also implicate truth in advertising claims and even trade secret claims depending on how the facts were to develop.  That isn't a risk you really want to run - particularly not if you do intend to start your own practice someday.

    Suffice it to way I would not recommend simply doing it and hoping you are not caught.  I would recommend that if you feel strongly about it you consider approaching your employer and explaining your intentions.  If your employer agrees to let you use the materials there of course will be no issue.  If your employer doesn't agree to let you use the materials then you know they object to their use and would likely seek to punish any such use.  If for some reason you feel you can't talk to your employer about it, that likely answers your question too.  If you can't address it with them openly (and there would always be the risk they would find the website if you simply proceeded without their permission and hoped for the best) then you likely know what their answer would be if you did.

    It may be unfortunate but that is the reality.  While responsible firms will allow you to use materials for personal portfolios (i.e.; to seek new employment) there really isn't anything that requires them to allow you to use it solicit clients or build what could become a competing business.  That may not seem fair, but it is understandable when you consider it from the firm's perspective.


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    Frederick Butters FAIA
    Attorney
    Southfield MI
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  • 3.  RE:Web site content.

    Posted 11-17-2011 06:10 PM
    This must be done with full disclosure to, and permission from, your former firms and current employer (who presumably agrees to your moonlighting practice, a separate issue.)  You must supply project credits (and photo credits) for each photo and spell out your role (e.g. project architect, project manager). It's fair to downplay all this through a footnote system with credits at the end, as long as the type is readable and isn't actually or seemingly hidden. Or you could integrate the information within paragraph project descriptions where you emphasize your lead role and benefits you realized for the client/user.

    Consider also using Facebook or another non-website medium where you can emphasize your current activities, qualifications, and accomplishments, linking prospective clients to individual projects that interest them, rather than laying out the past all at once. In fact, there's every reason to balance past work with current work in progress (again, with clients' agreement), pro-bono schemes, or your thoughts on design illustrated with your best sketches or snapshots. 

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    Robert Miller FAIA
    Robert Miller Associates
    Washington DC
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