Dealing with intellectual property in client agreements

Intellectual property refers to creations of the mind. Copyright is a type of intellectual property, which gives legal protection to people who express original ideas and information in certain forms.

Under copyright law, architectural works are automatically protected from the moment they are created and recorded in material form. This means that architects have the right to control whether and how their work is used by others, including:

• copying the work;
• using the work;
• modifying the work; and
• disseminating the work.

The following types of architectural work may be protected by copyright:

• concept designs;
• drawings and plans;
• specifications;
• building models;
• reports and submissions.

Architectural work protected by copyright is generally owned by the architect or the firm that undertook the work, not by the client who engaged the architect or firm unless ownership has been formally assigned to the client.

If an architect undertakes work in the course of their employment for an architectural firm, the employer will usually own the copyright.

The Code does not change intellectual property rights. Rather, it requires the client agreement to contain a clear and unambiguous statement identifying:

• who owns copyright in intellectual property associated with the services;
• the terms of any licence given to the client to use that intellectual property, including any grounds for revocation;
• any limits on the client’s use of the intellectual property; and
• where additional costs or consents may be required for the client’s use of the intellectual property.

If there are any conditions, limits or restrictions on the client’s use of an architect’s intellectual property, and/or any permissions or costs attached to such use, they should be clearly identified and explained in the client agreement.