IPD
In a traditional IPD contract (multi party contract) how is intellectual property protected? Or is all property owned mutallay by all parties? What if the owner decides to use the instruments of service to build that same project in another location?
Thank you.
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Luis ~ great question. Here is what I have learned by taking notes between PcM, PjM, & CE; of which was not recorded in my notes under IPD.
- NON-EXCLUSIVE LICENSE: the term “work for hire” means the OWNER has hired ARCH and obtained ALL rights for the ARCH’s plans and other documents (Instruments of Service) generated for the project. Once ARCH transfers ALL rights, ARCH cannot even re-use them for another project. ARCH owns ALL the rights, and grants a non-exclusive license “right” (NOT COPYRIGHT) for OWNER to use; if OWNER wishes to re-use plans, OWNER needs to pay the ARCH an additional license fee and release and “indemnify” ARCH for such use.
- This DOES NOT include an “ADDITION-TO-PREVIOUS-WORK”; whereas, the OWNER may use the drawings to make an addition.
- The ARCH is encourage to "copyright" his/her work with each project through the proper government agency if he/wishes full "copyrights".
- NON-EXCLUSIVE LICENSE: the term “work for hire” means the OWNER has hired ARCH and obtained ALL rights for the ARCH’s plans and other documents (Instruments of Service) generated for the project. Once ARCH transfers ALL rights, ARCH cannot even re-use them for another project. ARCH owns ALL the rights, and grants a non-exclusive license “right” (NOT COPYRIGHT) for OWNER to use; if OWNER wishes to re-use plans, OWNER needs to pay the ARCH an additional license fee and release and “indemnify” ARCH for such use.
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