Copyright of CADD files

[ACH1]

I'll cross post this in the Ethics group but I'm wondering about the distribution of CAD (or CADD) files.

We have been moving toward formal agreements to distribute this type of information but many firms just seem to release any data at will. I think they are taking a major risk.

Not only do we not know what will be done with the data but we view notes, details, and other types of "re-used" data as our intellectual property. I've been developing and refining many notes and details for 10 years now.

What are others doing with the distribution of CAD files?

 

[borgunit]

There seems to be 3 ways that we see CAD data shared.
1. Our client maintains their own source data and all updates are maintained by them. It is our job to build our equipment to their latest version.
2. Data is shared openly between users. The only restriction locally is by network permissions. Outside users can edit files.
3. No original data is shared. The only versions shared outside are by non-editable raster-type formats.

I know there are more scenarios but these are the ones we see. For the most part we are fairly open to our outside users but I see that changing slowly to be more restrictive.

"Everybody is ignorant, only on different subjects." — Will Rogers

 

[born2drill]

I work for a specialty design-build contractor. We often ask for (and receive) CAD drawings for bid/scope drawings and shop drawings. It will be more accurate and to everybody's advantage if I'm working off the same base plans the engineer is.

I'll sign a waiver and let them take off title blocks and seals if they want. If the engineer won't share his drawing files, I'll either scan and trace, or redraw what I need from scratch. If it's a shop drawing for a contract I've secured, I have no problem letting the owner know that his engineer is being uncooperative and unnecessarily delaying the project.

Of course, sharing a site or foundation plan doesn't "expose" the engineer much, because it has no reuse value, as opposed to how a mechanical drawing might. Protecting notes from a drawing is tricky, because anybody can just copy the text, and often notes for a certain type of drawing will all be similarly worded anyway.

 

[LHA]

I guess the answer to this depends upon your field. In the land development field, your notes and details are certainly NOT your intellectual property. They are required on the Subdivision and Land Development submittal plans, which are required to be reviewed at a public meeting (preannounced, in fact). Anyone can look at them at this point, although they can't copy them. However, once the plans are approved, they are required to be filed at the courthouse, where anyone can view and copy anything the Recorder has on file. Also, here in PA, USA, many municipalities have an section in their Subdivision and Land Development Ordinance requiring the AutoCAD file accompanies the submittal. No CAD file? No approval and no building permit.

As to physically stealing the electronic data, born2drill is correct. Someone simply has to "redraw" (or, say they redrew) your note/detail, and it is now theirs.

As to liability, I see none. I seal my plans and calcs, but if you steal mine, you have to seal them. You can't later say "but, I stole them off Steve, so he is liable." I will just truthfully reply "They aren't my work." I will proceed to PROVE they aren't my work by producing a sealed set, with my signature on it. The hardcopy is the legal document, a CAD file (or spreadsheet or Word doc) means nothing until it is put on paper, sealed, notarized, acted upon in a public meeting and recorded.

This is how it is in the Civil world, as I understand it.

Remember: The Chinese ideogram for “crisis” is comprised of the characters for “danger” and “opportunity.”
-Steve

 

[ACH1]

Great response lha, those are some of the points I was getting at. You make some very good points about the information being public domain in print form but I still see the data as copyrighted material. Sure someone can "redraw" the information, in that case I guess it would simply be an issue similar to plagerism or other copyright infringements.

One of our main concerns is when clients ask for "a digital copy of everything". I've had these discussions with clients on more than one occation. They believe that they have the right to the CAD files of all of our notes, standard details, titleblock, etc. We view this information as "rented" or that they pay for the use of it since it is reused and developed over the creation of years worth of drawings. We don't charge them to redraw all of this data with each plan set and our proficiency with this data is a significant source of profit.

It can be a difficult issue with clients and we are working on improving our contracts and standard terms and conditions to clarify the data. One problem is that some other firms simply seem to release their stuff freely without regard to what they are giving away.

Thanks for the responses.

 

[LHA]

You are very correct. I have had this same conflict, and, if it is any consolation, I have heard it from many others in the design field.

I have always just given clients anything they want, with the full blessing of my boss, in electronic form. I view it as something they bought from me. BUT I see your point, and have heard it said many times. You actually are obligated to the deliverables in your contract, so if you specify "plans", that could mean paper.

On the other hand, paper plots are pretty much worthless for material take offs and survey stakeout. So, I truly feel they bought the e-files, at least the design specifics. I suppose I could see removing TBs, details, etc.; because having them electronically doesn't benefit anyone. And you are right, they are the result of years of your work.

There is no easy way out of this one, just make sure your contract is clear on deliverables.

Remember: The Chinese ideogram for “crisis” is comprised of the characters for “danger” and “opportunity.”
-Steve