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Under RIBA Standard Contract Conditions, an architect retains ownership of the copyright of the design in his drawings and plans, and therefore has control over their use. But, if the client has paid the architect’s fees, then there will normally be a licence to use the design for its intended purpose and site, and accordingly the client can sell it on to future site owners when the property is sold (and those owners can then amend the designs as they see fit).
Note that it is possible for the architect to restrict this right to sell on by including in the appointment contract a clause restricting the copyright licence to the initial client only (perhaps specifying that the design cannot be changed without the architect’s permission - something that is probably only relevant to high-profile architects who are worried that the brand value of their individual name may be devalued if a building design is altered).
The real point to note is that if you are acting for a buyer, then get the seller to specifically assign the licence to the design to your client. Source: Barlow Lyde & Gilbert. © Practical Lawyer
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January 2009 |
