New California Law Protects Architects’ IP Rights for Work Product

California AB 630, which became law effective Jan. 1, 2014, under California Business & Professions Code 5536.4, ensures that an architect’s “instruments of service” (e.g., plans, drawings and schematics) are an architect’s protected intellectual property that cannot be used absent written permission. Buyers of architectural services often erroneously believe they are entitled to the architect’s work product. After years of debate, abuse and extensive legal fees over the issue, architects finally get some legal recognition and protection for their work product.

The law clarifies for the public that they are paying for a service – not the IP – and that the architect’s written approval is required to use it for other purposes. In practice, this should give architects the upper hand in dealing with any project fee disputes. It also means, goodbye to the days where developers and homeowners sold an architect’s plans to third-party buyers (absent the architect’s written approval, of course) who then used or inappropriately revised them.

Image courtesy of Flickr by Cameron Degelia