Copyright on project documentation: legal aspects and practical recommendations

Introduction

Design documentation is an important object of intellectual property in the construction and architecture industries. Understanding the legal aspects of design documentation copyright is critical to protecting the interests of both project authors and customers. In this article, we will consider the key aspects of copyright for project documentation in Ukraine.

What is project documentation?

Project documentation includes:

• architectural drawings
• engineering calculations
• material specifications
• estimates
• 3D models and renderings
• explanatory notes

Legal status of project documentation

According to the Law of Ukraine “On Copyright and Related Rights”, project documentation is protected as an object of copyright. It is considered as a work of architecture, urban planning and garden and park art.

Emergence of copyright

Copyright for project documentation arises from the moment of creation of the work and does not require registration. However, copyright registration can provide additional advantages when protecting rights in court.

Who owns the copyright?

• Project author: By default, the project author is the copyright owner.
• Employer: If the project is created as part of an employment relationship, the rights may belong to the employer.
• Customer: Rights may be transferred to the customer under the contract.

Scope of the author’s rights

The author of the project documentation has the following rights:

• the right to a name
• the right to inviolability of the work
• the right to use the work
• the right to remuneration for the use of the work

Transfer of rights to project documentation

The rights to use project documentation can be transferred to:

• according to the contract on the transfer of exclusive property rights
• under the license agreement

It is important to clearly define the scope of the transferred rights in the contract.

Copyright protection

In case of violation of copyright on project documentation, the author has the right:

• demand recognition of their rights
• demand the termination of the violation
• claim damages
• apply to the court for the protection of their rights

Practical recommendations

• Always enter into a written contract with a clear definition of the rights and obligations of the parties.
• Consider copyrighting important projects.
• Use watermarks or other marking methods on project documentation.
• Keep drafts and intermediate versions of the project as proof of authorship.
• Consult with a lawyer specializing in intellectual property in case of disputes.

Conclusion

Understanding the legal aspects of design documentation copyright is crucial for architecture and construction professionals. Proper preparation of documents and compliance with the law will help avoid conflicts and ensure proper protection of intellectual property.

Legal services that can be provided by JSC “Prykhodko and Partners” regarding copyrights for project documentation

Consultations on copyright issues

• clarification of copyright legislation
• analysis of specific client situations
• providing recommendations on copyright protection

Development and analysis of contracts

• drawing up contracts on the creation of project documentation
• development of license agreements for the use of project documentation
• analysis of existing contracts for copyright protection
• preparation of copyright transfer agreements

Copyright registration

• preparation of documents for registration of copyright on project documentation
• support of the registration process in UKRNOIV
• obtaining a certificate of copyright registration

Intellectual property audit

• verification of the availability and correctness of documents confirming copyright
• identifying potential risks of copyright infringement
• development of the company’s intellectual property protection strategy

Representation of interests in disputes

• pre-trial settlement of disputes regarding copyrights to project documentation
• representation of the client’s interests in courts of all instances
• preparation of claims, appeals and cassation appeals

Copyright protection

• monitoring of possible violations of the client’s copyright
• preparation and sending of claims to violators
• taking measures to stop the illegal use of project documentation

Estimate of the value of copyright

• carrying out an examination to determine the market value of copyrights for project documentation
• preparation of valuation reports for various purposes (sale, contribution to authorized capital, etc.)

Training and seminars

• conducting trainings for company employees on copyright protection
• organization of seminars on topical issues of copyright in the field of design and construction

International copyright protection

• consultations on international aspects of copyright protection
• assistance in registering copyrights abroad
• representation of interests in international disputes

Due Diligence

• conducting a legal review of project documentation when buying/selling a business
• analysis of risks related to copyright on project documentation
• preparation of reports on inspection results