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RE: Duplication of others work.[Subject Prev][Subject Next][Thread Prev][Thread Next]
- To: <seaint(--nospam--at)seaint.org>
- Subject: RE: Duplication of others work.
- From: "Dennis S. Wish PE" <wish(--nospam--at)cwia.com>
- Date: Tue, 13 Oct 1998 05:00:25 -0700
I don't agree with Lynn on this UNLESS the other engineer redrew the details from scratch - even copying what he saw you do. However, if he earned compensation by pasting on work that was generated by your office you would be covered by copyright. As I mentioned before, proving it in court is another problem. Dennis -----Original Message----- From: Lynn [mailto:lhoward(--nospam--at)silcom.com] Sent: Tuesday, October 13, 1998 7:01 AM To: seaint(--nospam--at)seaint.org Subject: Re: Duplication of others work. I do not believe that "legally" your drawings have any kind of copywright protection. You are not publishing a literary piece for publishing or sale. You need to contact a copyright lawyer if you want to have that kind of protection, but from my understanding it will not be possible given the use of the documents. You can protect yourself from having someone use the identical design on another site. But protecting your general notes, specifications, and typical details is nearly impossible. At least that is my understanding from the limited conversations I have had with attorneys on this subject. If you want to be protected, put all this stuf in a book and publish it for sale to your competitors. Lynn "Dennis S. Wish PE" wrote: > > John, > Litigation would probably be an expensive effort, however, I believe you are > protected by an implicit copyright for intellectual property. You need to > prove ownership, but it sounds like you have the witnesses to testify to > this. Another form of proof might be to track the details that are being > used (if a dwg file for example) back to it's creation date. You might have > copies on tape or maybe embedded in other projects that you worked on or > created the details for. Go back into your records as far as you can to find > electronic documentation that indicates the date the file was created (or > the vellums from the project that indicate a date of creation). > None of this is fool-proof but should cause the other party to cease using > your details. > > John, I'm sensitive to this as well. I have used details created by others > but not without their knowledge and approval. However, I use only a few > details that are generic (residential construction generally requires the > detail to be modified for the unique condition for which it is used). > Therefore, the majority of my details are essentially new for each project. > However, when worked with URM retrofits, a number of the details were used > over and over again since the conditions were typical. > > If all you wish to do is stop the culprit from using the details, I suggest > you accumulate your case against him and let him know that you intend to > persue the issue into court if he does not stop. > > Good Luck > Dennis
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