Small Project Design

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Unauthorized document distribution

  • 1.  Unauthorized document distribution

    Posted 11-17-2014 07:17 PM
    This message has been cross posted to the following Discussion Forums: Practice Management Member Conversations and Small Project Practitioners .
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    Interested to see what experience anyone has had with their Documents being scanned, uploaded, and made available through contractor-oriented subscription services.  

    I received an inquiry from an awning vendor in Miami,FL for a smaller public-bid historic preservation project in Iowa.  I asked how they knew about the project and they told me they had reviewed the plans and specs on i****.com.  It turns out a printed set of our 35 sheets of drawings and 275 pages of specs were scanned and posted for a national audience - all without our knowledge.

    Every sheet had copyright 2014 on the title block.  The documents are 100% Instrument of Service and solely our firm's property.  After contacting them, the documents were taken down.

    Looking for anyone with similar experience or guidance on how best to respond.  

    Thanks

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    Peter Franks AIA
    The Franks Design Group, P.C.
    Glenwood IA
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  • 2.  RE: Unauthorized document distribution

    Posted 11-18-2014 06:01 PM
    Peter, I have had similar contact from vendors who were quite interested in something that I had posted.

    Isn't it the same old problem? Once posted to the internet, then it is pretty hard to track or erase. Your copyright gets compromised when the documents hit the internet unlike when paper copies were distributed - it's a different way of sharing the information.

    I believe you would be protected from anyone copying to build something from your plans. And copying the idea or design for use in another design project is prohibited as well.

    But, it is much harder to show the difference between inspiration and appropriation when referencing others' design, so your work on the net is truly an unprotected, open reference that all are wont to copy - look what happened to the record business. Many, many believe it is their right to copy music, books, art, software, at will, because they can, and without compensation to the originator. 

    Allen E Neyman
    Rockville, MD
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  • 3.  RE: Unauthorized document distribution

    Posted 11-19-2014 06:33 PM
    All this copyright talk takes me back to an experience I had in the late 80's. We were still using a large format Xerox copier to vellum for base sheets and such. It saved time. Print shops were using it as well. We were a couple years into our transition to CADD. One time, a subcontractor had a set of plans for another project open in his office, and low and behold, our typical detail sheet, representing hundreds of man hours of work, was in another architects set of plans, less our tile block. It was just by chance that I came upon it. I confronted him via telephone with threats and anger. But as time passed, he seemed to fade away. The lesson for me? Unfortunately, there will always be the cheaters. Not much you can do about it. 
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    Michael Boudreau AIA
    Michael T. Boudreau, Architect
    San Luis Obispo CA
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  • 4.  RE: Unauthorized document distribution

    Posted 11-20-2014 06:01 PM
    Why don't we all openly share details? We'd all be better off. Just a thought...

    By the way, anyone want any of my details? Just email enoch@enochsears.com. I have over 100 GB of details that I own the rights to of residential, commercial, healthcare projects, etc.

    Enoch

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    Enoch Sears AIA
    Enoch Sears Architect
    Visalia CA
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  • 5.  RE: Unauthorized document distribution

    Posted 11-21-2014 06:07 PM
    Detail sharing has been going on as long as there have been details. I have yet to see a detail that wasn't taken directly from SMACNA, UL, system manufacturer's details, an office the draftsman or project architect worked in previously or some other obvious source--with a tweak here or there based on the project conditions and maybe a stinging past experience.

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    Sean Catherall AIA
    Senior Project Manager
    DAVE ROBINSON ARCHITECTS
    Salt Lake City UT
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  • 6.  RE: Unauthorized document distribution

    Posted 11-20-2014 09:37 PM
    I'm all for copyright of design work and giving credit where credit is due. And by no means should drawings actually be stolen, as was the case described back in the 80s. But should we, as professionals, be sharing our details with other architects willingly? Doesn't this only make us all better as architects to share the wealth of knowledge that we all come by through hard won experience?

    Instead of threatening the architect you could have used it as an opportunity to reach out and instead say "hey, we'd love to share our details with you. Please come in and see us and we'll be happy to share." It could have built a bridge rather than widening a gulf.

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    Jeremiah Russell, AIA, NCARB
    Principal/Architect
    Rogue Architecture
    Little Rock, Arkansas
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  • 7.  RE: Unauthorized document distribution

    Posted 11-21-2014 09:38 AM
    There is a facet of my recent experience that I left out in the initial post, as I wanted to see the broad general response to the issue first. Here it is....It is my understanding that the local planroom who took the paper documents and scanned/uploaded/made nationally available is a "partner" with the subscription-based web service. They receive a per sheet/per page payment for "bringing the project in." I have a hard time with an entity other than my firm and our reprographer being compensated for the work we do. I have been in the profession since the vellum and Mylar days of the late 80's, and our firm is in its 9th year, so I didn't just fall off the turnip cart. My firm is small by choice and enjoyably healthy from a business perspective. About 75% of our work is in the historic preservation arena. I am hardly an old sourpuss sitting around looking for things to be cranky about. I get that when a project is publicly bid the very intention of the process is to make the information freely available to appropriate audiences - to the benefit of the Owner and their project. Our reprographer (a very service-oriented firm who has always taken very good care of us) has an online planroom, and the documents are available in print, CD, or PDF download format. I just have a very hard time with the contractor-oriented subscription services' (there are many) business model being based on charging subscription fees and paying kickbacks for distributing work that they, in a great many cases, don't have any rights to in the first place. Does that change anyone's take on the situation? Thanks for your continued feedback, everyone. I've honestly gotten more value out of my AIA dues in the last week than many years prior. Pete ------------------------------------------- Peter Franks AIA The Franks Design Group, P.C. Glenwood IA -------------------------------------------


  • 8.  RE: Unauthorized document distribution

    Posted 11-24-2014 06:43 PM
    Peter,

    PLAN ROOMS
    This is probably common for most firms......

    When I have a project, the critical aspect is whether it is an open public bid or a private bid by invitation only. 

    PUBLIC BID
    If public bid (usually required by the government funding behind it), then it is publicly advertised and we take all comers.  Plan rooms can have full access, and this is easier these days with electronic transfer - no printing cost hitting the Owner.  Primes have to be a bidder of record, so there is no avoiding that cost.   The printing budget is high on these projects.

    PRIVATE BID
    When it is a private bid, then it is by invitation only so that the Owner is not saddled with large printing costs, and shielded by us from calls from every contractor and sub-contractor that wants a piece of the job.   The bidders are recommended by us, approved by the Owner and are in the project region so that they use local workers.  The whole process is contained, and the plan rooms don't get these documents - EVER.  They ask for them all the time, but with no success.  If we hear they got them anyway and made them available - then they are removed from our "friendly" plan room list.  They seem to understand this warning and so far, they've never tried.

    Good luck.  I also cut my teeth in the 1980's mylar and vellum age.

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    Adam Trott AIA
    Owner
    Adam J. Trott Architect
    Erie PA
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  • 9.  RE: Unauthorized document distribution

    Posted 11-26-2014 11:47 AM
    I have been successful distributing construction documents strictly electronically through local copy shops, and  builders exchanges

     Certainly you cannot authorize or control who looks at the drawings or uses them for what purpose,  but plan rooms provide a great environment for competitive bidding, which often helps to keep your projects in budget.  The biggest problem with plan rooms is contractors who base their bids on review of only parts, or partial sets of documents. This can lead to disputes. Once the drawings are in a plan room you loose control over what contractors are seeing and not seeing. (the old adage: "I never received that print").  I try to curtail any potential omissions by making the contractor responsible for the entire set of documents and making them register.  Registration validates that the contractor takes permission for the entire set of construction documents.

    This notice appears on the first page of my specifications:

    NOTICE:

    You are purchasing or receiving these construction documents through a third party printer, a builder's exchange, or electronic transfer.

    In order to receive addenda, bulletins and other notices throughout the bidding phase you must REGISTER your company with the architect.  Send information by one of the following:  Email:  XXX.XXXXXX.Com      or  Fax:    XXX XXX XXXX    or  Mail:    Baechle & Associates Architects, XXX XXXX XXXXXInclude:   Name of company,    (state prime: General, Mechanical, Electrical or Plumbing), Address, Phone number , Email address , FAX, Contact person

    You will receive a return acknowledgement that you are registered as a bidder.  If you do not, within 24 hours, then call the architect at XXX XXX XXXX.

    Only registered bidders will receive addenda.  Failure to register will result in failure to receive potential changes to the contract, which could possibly affect the final bid.  The Owner assumes no liability for incomplete bid proposals, or bids, based on incomplete information.

    CONFIRM YOUR DOCUMENTS

    The designated printing companies have been chosen for their high quality service, attention to detail, and accuracy in production, and electronic documents are provide for your convenience, however, mishaps can occur.

    The contractor is responsible to check and verify that all documents have been received:

    Contractors are responsible for review of the entire set of documents.

    DRAWINGS:  See sheet G1.1 Table of contents.  Assure that all drawings are included as per this table-of-contents.  If any are drawing sheets are missing, contact your printer.

    SPECIFICATIONS: See the Table of Contents included in the specification booklet. Assure all specification sections are included.  Contact your printer if any items are missing.


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    Patrick Baechle AIA
    Firm Owner/Architect
    Baechle & Associates
    Hollidaysburg PA
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  • 10.  RE: Unauthorized document distribution

    Posted 11-24-2014 09:30 PM
    The local planroom people who initially copied and distributed your copyrighted docs, without the copyright owner's permission, are the violators of the copyright law. 

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    D. Cook AIA
    Tipp City OH
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