Ownership / Copyright of Planning Design and Drawings

[davidc]

If a design, planning drawings and application has been completed by one architect (timber frame company) how do you stand to have the warrant and any subsequent build work carried out a different company ? The design and planning work has been paid for in full but how would the copyright work out in that case ?

[Jeremy Harris]

As long as you've been assigned the right to use the design and drawings to build your house, then it's fine for that house.  Problems arise when a right to use a copyright design hasn't been assigned, for example when someone gets something drawn up by an architect (or anyone else) and then decides not to continue to use the services of that architect, but to go elsewhere.  In that case, the copyright holder has to consent to the use of their design, drawings, etc and may want a fee to allow this.

 

if the design and planning work has been paid for in full, then I would guess that there's already an assignment to use the design and drawings, but it would be worth checking to be sure.  Copyright is, I believe, implicit, and doesn't need to be specifically stated on any document (although often it is) in order to apply.  In this case, even if you are assigned a right to use copyright material, it would usually remain the intellectual property of the author.

[PeterW]

I’ve seen a couple of TF purchase contracts and I’m pretty sure there is a clause saying that all drawings are provided for the construction of a single dwelling only. Past that it becomes a copyright issue. 

[newhome]

What if you need to alter something requiring a new drawing being passed to the council? People change their minds all the time during the build (well we did). How do you stand then? 

[Ferdinand]

1 hour ago, PeterW said:

I’ve seen a couple of TF purchase contracts and I’m pretty sure there is a clause saying that all drawings are provided for the construction of a single dwelling only. Past that it becomes a copyright issue. 

 

Does that mean a single dwelling on the designated site, or does it cover a single dwelling somewhere else if the first one falls through?

 

As a TF manufacturer, if I was providing the design resource, I would have a lock-in clause to my company - with a "pro-rata time spent" buyout if I do not get the sale.

[dpmiller]

I've never seen the engineering drawings for our TF, they were passed straight from the TF Co to the BCO. No doubt I'll get copies at completion of the TF contract...

[newhome]

2 minutes ago, dpmiller said:

I've never seen the engineering drawings for our TF, they were passed straight from the TF Co to the BCO. No doubt I'll get copies at completion of the TF contract...

 

Are you private building control or council? The council just emailed me copies of whatever I wanted if I asked them (although we did get the drawings from the TF company). 

[ProDave]

For our first house, we made some small changes and BC wanted an updates set of "as built" drawings. They accepted an original set marked up with tipex and a pen.

 

We might be in the same position this time as the designer we used went bust. They have been taken over by a new company but it is anyone's guess if the old files have been preserved so if I have to do the same, it might be tipex and a pen again. I only have PDF copied of the drawings.

[Ed Davies]

2 hours ago, JSHarris said:

Copyright is, I believe, implicit, and doesn't need to be specifically stated on any document (although often it is) in order to apply.

 

That's right in Berne Convention countries (most of the world, now) and has been for a long time (since the late 19th century for the original signatories including the UK). However, the US didn't accede to the Berne Convention until the 1980s so, before that, copyright needed to be more formally registered there, consequently some people still think that registration is required. Stating copyright is potentially useful in case of a dispute but is not required.

 

(Spot who was peripherally involved with some IP matters in the UK labs of a US multinational in the 1990s. ? )

[newhome]

52 minutes ago, ProDave said:

For our first house, we made some small changes and BC wanted an updates set of "as built" drawings. They accepted an original set marked up with tipex and a pen.

 

I did the same in truth with a red pen. Council was ok with that. 

[davidc]

6 hours ago, JSHarris said:

As long as you've been assigned the right to use the design and drawings to build your house, then it's fine for that house.. .....

 

..... if the design and planning work has been paid for in full, then I would guess that there's already an assignment to use the design and drawings, but it would be worth checking to be sure. 

Thanks all. Problem for me is that no such clear assignment was stated at the outset (or since) - though on the second point full payment was made. I guess i need to discover if payment bestows a right to use - which itself will necessarily involve reproduction of that design (BW plans, physical dwelling etc) albeit just once and on the intended site.

Edited April 9, 2019 by davidc

[Mr Punter]

Copyright is far from straightforward but if you want to go to another timber frame firm or another build method you will probably need a fresh set of drawings in any case. It is very expensive to sue for breach of copyright and if your new drawing is in any way different you can claim that it is a new, original design.

[newhome]

I bought the plot here with full PP and a building warrant. We did not have the rights to the drawings. When we engaged a TF supplier they drew up new diagrams anyway as part of the supply package (as in it was within the supply cost). The frame has to have structural calcs done so they had to do that anyway, plus we changed a lot of the internals so joist plans etc all needed to be altered anyway. 

[Mr Punter]

I am not sure what the deal was with your firm but there is the danger that the drawings were done on the expectation of the firm then being engaged to supply the timber frame so they may argue that your licence to use the drawings would be extinguished. Have you asked them?

[dpmiller]

11 hours ago, newhome said:

 

Are you private building control or council? The council just emailed me copies of whatever I wanted if I asked them (although we did get the drawings from the TF company). 

 

Council. Don't think too many go private in NI.

[newhome]

7 minutes ago, dpmiller said:

 

Council. Don't think too many go private in NI.

 

Don't think we're even allowed to go private in Scotland.