Advice on giving out ca file?


dskogg
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I never send my chief files, period.  But my business is well developed in a unique niche in an active market.  So I can get away with saying "no". Not everyone is able to say "no" without losing business.  So...

 

Agreement should have input from an attorney that does IP (Intellectual Property).  Starting with someone else's wording is fine to get you started.  But even though copyright law is federal, other aspects will be state by state.  Even though I don't share Chief files, our agreements do include copyright (as yours should, even without sending file - people can and do steal from a PDF):

  • we list the amount they will pay if they violate the agreement - as $x total or $x per square foot under roof, whichever is greater.  And because of state law variations, talk about how that's word - penalty, fee, damages - that's why you need an attorney, it matters.  The reason my attorney added this is that copyright law is very powerful, but costs a LOT of money to access.  A copyright lawsuit will run $35k or more if it goes to trial.
  • we make it clear that changes to the design, even changes they think are extensive, do not remove it from our copyright - and reference the Derivative Works portion of the copyright law.  

When clients have a legitimate need for cad files, we export exactly what's needed as dwg, and we send that directly to another licensed professional (usually a civil engineer or a sprinkler engineer) - not the the client, not to the builder.

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