Architect/Designer Loses Copyright Action Over Invalid Deposit Copy Filed For Registration

Copyright icon by PlenumchamberEvery member of the team should be aware of the  process of protecting the copyright of the drawings.  It’s a short and simple submission to the United States Copyright Office and whomever purchases or retains a copyright as agreed in the contract needs to ensure the protection in order to take advantage of it should a dispute arise. 

We have long been proponents of protecting the copyright interest in the deliverables.  The parties to many construction contracts expend substantial time and effort in coming to an agreement.  The agreement normally includes provisions regarding ownership/licensure of the drawings, or at least it should if time and effort is taken to reach an suitable arrangement over other terms.  Regardless of the arrangement for ownership or licensure, copyright is generally a material portion of the “ownership” clause.  Failure to register the copyright diminishes not only the effectiveness of the copyright provisions that have been negotiated and lessens the legal remedies and rights available to the party vested with the copyright.  You’ve spent money protecting your copyright through contract only to give up the main benefit of that protection under the U.S. Copyright Law by failing to register.

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