The following Construction guidance note provides comprehensive and up to date legal information covering:
The question of who owns intellectual property in the designs, drawings, specifications etc, created in relation to a construction project is very important for all the parties involved. The party who owns the copyright in the designs produced will want to protect their rights in them and restrict the ways and extent to which they can be used by others and have rights of recourse where these rights are infringed. Those who need to reproduce or use the designs will want to make sure they have adequate rights to allow them to do so.
In relation to construction projects, designs are typically created by the architect, civil and M&E engineers and also by the contractor itself and his sub-contractors.
Clauses dealing with the ownership of copyright are therefore standard in professional appointments, building contracts, and collateral warranties. This practice note focuses on such clauses in a consultant's appointment.
Copyright arises automatically in any original artistic work; the author does not have to register its rights or apply for this protection.
The definition of artistic work set out in the Copyright Designs & Patents Act 1988 (CDPA 1988) includes any painting, drawing, diagram, map, chart or plan.
The statutory position, set out in the CDPA 1988 is that the copyright in a design is owned by the person who created it
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234