VIKING RANGE CORPORATION THE EDGE | 7
ProteCt yoUrseLF ANd yoUr PLANs
Congress enacted the Architectural Works
Copyright Protection Act of 1990 (AWCPA) into
law almost 17 years ago. Many kitchen and bath
designers have no idea that the act exists or that
it offers them protection as well as architects.
Many designers — and clients as well
— are under the assumption that once a fee
is paid by the client, ownership of the plans
is transferred to the client. But this is a false
assumption. The fee paid by the client is for
use of the plans and design — the client does
not own the plans. Client ownership only
occurs via written consent from the designer.
Another myth about copyright protection
is that it is difficult to obtain a copyright
for a design, but the fact remains that as
soon as a sketch is made, the copyright is
automatically enforceable. Other myths that
exist about copyright protection, as cited by
Louis Bonham, with Rosenthal and Osha LLP
in Houston, Texas, include:
• Plans that don’t have a copyright notice
are not protected.
• Plans aren’t protected unless they’re
registered with the copyright office.
• Only novel, unique or special designs
are protected.
•
Copyright only protects the actual plans but
doesn’t forbid copying the building itself.
• If you take a design and make a change,
it becomes yours.
• If you didn’t know the design was
protected by copyright, you’re protected.
• If the works aren’t at least 70 percent
similar, it’s not covered by copyright.
• If you’re found guilty of infringement,
your liability is limited to the reasonable
value of the plans.
• The client owns the architectural copy-
right to the plans if he purchases them.
Of course, your legal rights may prove
hard to enforce in a court of law. It’s hard
to prove that someone stole your design.
It’s better to take practical steps to keep the
situation from arising. Experts recommend:
• Put it in writing: Spell out that you own
the work product, drawings, design, etc.
Though not legally required to protect your
rights, including a copyright statement in
this form on all documents lets clients know
you’re serious: “Copyright 2007 John Doe.”
• Limited disclosure: Clients like to receive
drawings, but don’t give away the store. It
doesn’t hurt to share perspective drawings
or renderings that are not to scale, but avoid
handing over working drawings without a
signed construction agreement.
• Use AutoCAD or similar software:
Clients enjoy being walked through 3-D
modeling, but because you aren’t working
with paper, there is no temptation to give
them paper at the end of a meeting.
• Paid protection: The best way to pro-
tect yourself against design theft is to only
release the plans after payment of a retainer
or a significant project development fee.
It’s also important to keep a sense of
proportion. The best way to make sure your
clients stick with you and your design is to
build a good relationship and do great work
that meets their needs.
The Viking Featured Designers represent
the “best of the best” in kitchen design. The
quarterly and annual Featured Designers are
fast becoming known as a roll call of today’s
outstanding designers, including such lumi-
naries as the 2006 Viking Featured Designer
Kevin Fitzsimons of Toronto, Ontario.
You can put yourself in the running to
join these stars of the profession by register-
ing as a Viking Designer of Distinction and
submitting samples of your best work. At
the very least, you gain valuable exposure by
having your work featured in the Designer
Galleries — and who knows, maybe you’ll
be the designer winning a great vacation
package and recognition as the 2007 Viking
Featured Designer.
VikingFeaturedDesigner.com is a valuable
resource.
Be sure to bookmark
it and make
it your kitchen design portal. Not only will
you find back issues of THE EDGE newsletter
and profiles of previous Featured Designers,
but also it’s your gateway to design inspira-
tion and Viking product ideas.
yoUr ChANCe to JoiN the
‘best oF the best’
Published on behalf of Viking Range Corporation and your Viking Distributor by Cygnus Business Media Inc., P.O. Box 803, Fort Atkinson, WI 53538-0803. Spring 2007, Vol. 3, No. 2. All rights reserved.