Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 57
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Guide to RIBA Professional Services Contracts 2018
Copyrighting documents
Include the Architect/Consultant’s name and logo on all drawings and documents.
Irrespective of any contractual agreements, the Architect/Consultant should
ensure that the copyright status is made clear on every drawing, document or web
site, by stating, e.g. ‘© 20xx
. All rights reserved.’ It is equally
important to protect the copyright in any undertaking to carry out speculative or
conditional work.
Include a statement of permitted use on all drawings, for example ‘This [plan/
drawing] has been produced for [Client] for [the project] and is submitted as
part of planning application [application number/relating to site name] and is not
intended for use by any other person or for any other purpose.’
Put a watermark through all drawings and documents – this could be the
Architect/Consultant’s name or logo.
Wherever possible, supply the drawings in electronic format, and in a ‘read only’
mode. This will mean that there is no scope for distortion of drawings through the
scanning process, and it allows control over inclusion of watermarks, copyright
statements, etc.
State clearly on the plans that only the original drawings should be relied on.
The Client has a licence to copy and use any of the information, drawings and
documents prepared by the Architect/Consultant but only for purposes related to
the construction of the Project or its subsequent use or sale. However, they must not
be used for copying the design for any subsequent extension or, indeed, any other
project. The Architect/Consultant cannot be held liable for the Client or other persons
using the information, drawings and documents other than for the purpose for which
they were prepared and provided by the Architect/Consultant.
Under a sub-licence granted by the Client, any Other Client Appointments working
on the project are allowed to copy or use the Architect/Consultant’s information,
drawings and documents irrespective of whether they were issued by the Client or
on the Client’s behalf.
For these licences to take effect the Architect/Consultant must have been fully paid
for the work to the date of issue.
If the Architect/Consultant’s Contract is terminated by the Client, the Architect/
Consultant should note:
• the licence and any sub-licences will continue in force, unless they suspend
copyright is suspended by the Architect/Consultant at the time
• the information can be used by other parties to complete the project
• the information can be passed to another party by the Client (or liquidator) but
copyright will remain vested in the Architect/Consultant. It would be breach of
copyright if any of the material were used for another project.
If the Client has paid for the drawings and has a licence to use the drawings and
dispenses with the services of the Architect/Consultant for the subsequent stages,
the Client can still have those drawings adapted by using another Architect/
Consultant as they are still being used for the original purpose.
There may be circumstances where the Architect/Consultant may undertake work
without a formal written contract, such as preparing some initial sketches based on
an exchange of letters. Even without a written Contract, the Architect/Consultant
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