Reposting - Agreement for Architect's Services (Intellectual Property Rights)
Reposting: a comment by Graeme North on May 8, 2012 at 12:50
It may be of interest but in NZ the Institute of Architects inserts this clause into their latest standard Agreement for Architect's Services:
6. Intellectual Property Rights
6.a New intellectual materials include without limit studies, concepts, designs, drawings, specifications, models, photographs, electronic data, software and other materials collated, created or prepared by the Architect in carrying out the Agreed Services, but does not include pre-existing intellectual property owned by the Architect or the Client.
6.b The Architect owns all rights, including copyright, in all new intellectual property held in any medium.
1) The materials prepared for the Project by the Architect shallremain the property of the Architect whether the Project iscarried out or not.
2) The Client is licensed to copy or use the materials for thepurpose of the Project only, and not for any other purpose.
3) The Client is not entitled to use such materials where any orall of the fees and disbursements payable to the Architecthave not been paid in accordance with this Agreement.
6.c Where the Client wishes to use any part or all of such materialsfor any other project, and the Architect is not appointed to provide related services, the Architect is entitled to receive a royalty at an agreed rate for each re-use, such agreement shall not being unreasonably withheld.
6.d If the Client ends this Agreement during any identified stage of the Agreed Services, the license to copy or use only applies to those materials that are both already completed, and relate to previous stages of the Agreed Services.
6.e New intellectual property materials prepared for any partially completed stage cannot be copied or used by the Client unless the Architect first agrees in writing.