What would constitute a "work product" from CA project?

[telligence]

Hi all - I'm new to this so please be gentle. I have hired a drafting/design firm to create floor plans for some residential duplexes that I want to build. In our contract, it states that "Plans and any work product derived from this contract are the intellectual property of the Client."

 

My question is this: What could I expect that "work product" to be? What should I expect to receive in terms of electronic files? CAproj files, dwgs, pdfs?

 

Thanks!

[Gawdzira]

It is a good question. The person you hired would be able to answer best but what you stated sounds like it is likely accurate. I don't use such language in my contract but "any work product" sounds like they are very open to you taking the CADD files.

[para-CAD]

Sometimes the chief architect file contains a template that the person paid money for and it would not be morally correct to share that with someone unless they paid the original template designer to have access to that. It would feel like theft to me. My contract only states that the client gets a PDF to submit for permit and I will share as many of those with that client, in case they lose it, as they need.

[CharlesVolz]

21 hours ago, telligence said:

Hi all - I'm new to this so please be gentle. I have hired a drafting/design firm to create floor plans for some residential duplexes that I want to build. In our contract, it states that "Plans and any work product derived from this contract are the intellectual property of the Client."

 

My question is this: What could I expect that "work product" to be? What should I expect to receive in terms of electronic files? CAproj files, dwgs, pdfs?

 

Thanks!

 

No one can answer that accurately. It can mean different things and needs to be defined for each use. That term should be clearly defined in your written agreement. It could mean anything that you want it to. But when it is not defined clearly, you are asking for an argument that is not necessary. 

 

Read your contract carefully. It should always be defined there. If it is a poorly written contract, fix it.

[RobDesLLC]

I specify the documents, drawings, and services to be provided in the Scope of Work in my design retainer agreement. As a standard practice, I retain ownership of all documents and drawings I produce, and then I license their use to the client for their specific project. They aren't paying for my drawings, but instead for a license to use my drawings. My work product may be a PDF of the plans, a Rescheck report, renderings, or video. I watermark my renderings and distribute them for client eyes only unless they pay extra (example - if they want to use them for marketing). The clients never really own any IP I produce unless we have a written agreement explicitly stating so.

 

My clause reads as follows:

 

"Consultant reserves the right of ownership and copyright to all documents and drawings produced under this Agreement, and does, by full and timely payment of all fees and expenses due under this Agreement, license the documents and drawings to Client only for their singular use in the construction of the project on the property described herein. Client acknowledges that the use of the documents and drawings produced under this Agreement for more than a single use, and/or on a property not specifically described by PID # or Tax Map # within this Agreement, is unauthorized and constitutes a violation of the intellectual property rights of Consultant. Client does therefore agree to pay Consultant for each unauthorized use an additional sum equal to 200% of the fees and expenses previously paid to Consultant under this Agreement, as well as all collection fees, attorney’s fees, court costs, or other expenses necessary to recover payment for unauthorized use.

 

If Client reuses or makes any modification to Consultant’s designs, documents or work product without the prior written authorization of Consultant, or uses the documents without retaining Consultant, Client agrees, to the fullest extent permitted by law, to release Consultant, its officers, directors, employees and subconsultants from all claims and causes of action arising from such uses, and shall indemnify and hold them harmless from all costs and expenses, including the cost of defense, related to claims and causes of action to the extent such costs and expenses arise from Client’s modification or reuse of the documents."