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Who owns the house plans?

2,179 Views | 14 Replies | Last: 13 days ago by TxAG-010
madcuz
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I hire an architect to design and draw a set of residential plans from scratch based on my creative input and vision. I pay the architect for the plans. I build the house. Who owns the plans? The homeowner, the architect or it depends?
MS08
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You are the customer and paying a fee for the plans. That is the product/good that you are buying. You should receive the PDFs and the DWG files as part of your deliverables.
madcuz
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So should the architect then be able to re-sell the same exact plan to another customer/builder without my consent?
MS08
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Yes, they are their plans too. Most likely there is language about all of this in your agreement.
Shooter McGavin
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Builder friend of mine used a set of plans to build a house and then used the same in plan in another location.

Architect sued and won.

Don't jack with them boys, they will cut you.
halfastros81
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I ran into same issue recently and the architects proposal said the plans are their property. I pressed them on this explaining that this first build is intended for my personal use but if i can build and flip for profit in the future for retirement income i might want to reuse some of the drawings . They said that was ok. I think what they particularly don't want is you selling just the plans as your work product/intellectual property. If it's your build they are okay even if your'e planning to sell the build . That's what I got out of it anyway but I won't do it without vetting it with a competent real estate lawyer.
halfastros81
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With regard to what happened to your friend , I can see a volume builder being treated differently than an individual.

I'm curious about what the judgement against him was in terms of financial impact . Did he just have to pay for the plans again or was it more punitive than that?
Ducks4brkfast
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Post a copy of the contract you signed and I'll tell you.
madcuz
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My situation is a little different than the previous discussed scenarios. I'm not looking to use the plans to build again. In fact, quite the opposite. I assumed these plans would not be used by another builder/homeowner. I discovered the exact plans were used to build my exact house without my permission/consent. I paid a premium to have a set of custom plans created, starting with a blank canvas and my vision and ideas.
Furlock Bones
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you need to read your contract. my bet is your contract says the architect maintains the rights to the plans.

but, ultimately, why does it matter?
Red Pear Realty
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Yesterday
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Furlock Bones said:

you need to read your contract. my bet is your contract says the architect maintains the rights to the plans.

but, ultimately, why does it matter?

If I had to guess its because he wanted a unique and one of a kind house...if there are 50 of them built then it's meh. But you're right, the contract probably says that the architect owns the plans.
madcuz
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Bingo
Agilaw
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The Architect will use a contract that they have created. Ownership of the final plans and any iterations should be part of the negotiations in hiring the architect. The terms of the architect's proposed contract can be negotiated, and the final contract should clearly reflect the understanding/agreement between the client and the architect regarding ownership of the plans.
TxAG-010
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The architect owns the drawings and the IP.
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