Architects Drawings - Copyright

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Mers1

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I think I know the answer to this already but appreciate some more background. Am I correct in assuming that if an Architect has done drawings for a Planning application which came back for further information and then the application did not proceed (clients decision) - Any future application made by another body/person (architect/engineer) cannot use the original drawings let alone put the arch. name on the application form without prior permission from the original arch. Apologies if the question is a little long winded.
 
My understanding is that an Architect always owns the copyright for his / her design drawings - a client pays for the right to use that design in the specific location it was commissioned for, ie. can't use that design on any other site without architect's permission and presumably paying a fee.

I think that as long as the client has paid in full for the work carried out by the original architect, eg. up to planning stage, then they are entitled to use that design, in the original location. If they hire another Architect to take over on the project, then the second architect should contact the first to ensure that they have been paid and that there are no issues outstanding, in accordance with the professional Code of Conduct.

Hope that helps - if not PM me.
 
Thanks Sydthebeat -my head now hurts trying to read the act, nevertheless always handy to have.

Thanks Living Room - the drawings relate to the same property but the clients are now using a different arch. when they re-sumbitted a new application they used the old arch. drawings and used his name on the app. form. I believe that the new arch. contacted the original to ask can they use them and I think there was a nominal fee arranged which was never paid. Its all become very cloak and dagger!
 
Oh dear - v. confusing! Used the old architect's name on the new application?

My take would be that new architect should prepare new drawings, even if they are just the same as old ones, although submitting the same drawings presumably isn't going to get them any further with the planning process than they did the first time!

Ultimately, the new architect will have to stand over those drawings if they are submitting them for a planning permission, which is after all a legal document.
 
Thanks living room. Indeed confusing. Knowing the people involved - how would you say it politely - they can take frugal to a new level!!!!!
 
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