Architectural Designs

Copyright issue in Architectural Drawings?

I am a draftsperson who is currently undergoing work for a client privately. The client designed a house and sketched it all out and come up with it himself. He then engaged in a building company to bring his design up to Design Approval stage on a CAD based program. He then had a falling out with them so decided to look elsewhere. My issue is this. He has approached me and asked me to take up his design. What sort of copyright issues will there be with the other building company. the client designed the house himself, however the other builder undertook drafting work on it. He wants to use his same design ( which he has all his sketches for), but when I draw up the house it will sure to look like the other building companies drawings. Does the client own full copyright over the design? because he designed and sketched it, or does the otehr party own copyright because they have produced their own drawings of the house? How may i resolve this? I really just want to cover myself against any claims.

Public Comments

1. In theory, your client will own the copyright to any original content he created in his designs, and the building company will own any original content added between the original design and the CAD-based designs. Of course, beyond theory, the more difficult question becomes, "what is original content with respect to the architectural designs, and in particular, between your client's and the building company's designs. That's really something that can only be answered with detailed analysis of the designs, which something only your attorney can do. As far as covering yourself from any claims (assuming that the building company has legitimate rights), the only way for that to happen is if the building company assigns any rights to the CAD-based drawings to you. Obviously, if they assign any rights to the CAD-based drawings, then you will have free reign to use the drawings and you cannot be sued. Maybe you can offer payment to the building company in exchange for such rights. Caveat: My knowledge is based primarily on US copyright law. I noticed you're in Australia, which may change the analysis.