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  • 1.  California question

    Posted 06-15-2023 02:45 PM

    A local jurisdiction in California is requiring us to sign a letter transferring all ownership rights of our documents to the city. Weirder still, in that letter, they state they reserve the right to reproduce and disseminate our work to the public, apparently with no notice to us. Here is the text of the letter: 

    "This letter acknowledges that following acceptance by the City, all submitted construction drawings and technical reports accepted by the City for this project, shall become the property of the City.  Once accepted, these plans may be freely used, reproduced or distributed by the City to the public or other agencies, as the City may deem appropriate."

    Has anyone else had to sign this type of letter? I've never seen this before. This would open up a lot of weird liability issues, not to mention that our work is our IP. The City neither paid for its creation nor should they need ownership of it. 

    Ken



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    Kenneth Parel-Sewell
    Ken Parel-Sewell Architects Inc
    La Mesa CA
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    2024 CRAN Symposium


  • 2.  RE: California question

    Posted 06-15-2023 06:40 PM

    I just got a clarification from the City that they want this form from everyone except the architect. Apparently they are only concerned with grading and site engineering, which makes more sense. I had tried to clarify this a couple of times and kept getting the same response that we needed to sign the form. 



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    Kenneth Parel-Sewell
    Ken Parel-Sewell Architects Inc
    La Mesa CA
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    2024 CRAN Symposium


  • 3.  RE: California question

    Posted 06-16-2023 05:41 PM
    Not being involved with the details, this smells bad. This sounds like something that should have strong push back from those involved, the AIA and your local politicians (if you can find any).

    If something seemingly insignificant is allowed to get put in place, it will likely lead to more requirements of similar nature that will be more difficult to fight if a precedent has already been established.
    CA seems to be in front of the rest of us, so please defend your legal rights for yourself and others in your profession.

    Scott Wilson
    Chief Manager
    Scott Wilson Architect, LLC

    5005 Meridian Blvd., Ste 100, Franklin, TN  37067
    O: 615-377-9131  C: 615-973-3810

    Inspiring clients to achieve their vision using our God given gifts and timeless principles of design.

        







    2024 CRAN Symposium


  • 4.  RE: California question

    Posted 06-19-2023 05:45 PM
    I would certainly open a broader discussion with council and AIA consulting council. This seems to fly in the face of copyright law. Unless the municipality has anterior motives, perhaps a clause that says..."use in the context of this project" might narrow the scope of exposure.
     
    Here we go with the slippery slope again.
    JSD 

    J S Dugger, AIA & Associates

    John S Dugger, AIA

    Principal Architect

    978-618-3391

     




    2024 CRAN Symposium