Common use of Ownership of Design Documents Clause in Contracts

Ownership of Design Documents. All Design Documents, including Drawings and Specifications, prepared by Architect or any Subconsultant shall be “works for hire,” and all rights, title and interest to the Design Documents, including any and all copyrights in the Design Documents, shall be owned by Owner, irrespective of any copyright notices or confidentiality legends to the contrary which may have been placed in or on the Design Documents by Architect or any Subconsultant. Architect and each Subconsultant waive in whole all the moral rights which may be associated with such Design Documents. If for any reason any part of or all of the Design Documents is not considered work for hire for Owner or if ownership of all right, title and interest in the Design Documents shall not otherwise vest in Owner, then Architect agrees that such ownership and copyrights in the Design Documents, whether or not such Design Documents are fully or partially complete, shall be automatically assigned from Architect to Owner, without further consideration, and Owner shall thereafter own all right, title and interest in the Design Documents, including all copyright interests. Notwithstanding the foregoing, nothing in this Section 5.1 shall result in a transfer of ownership of any Design Documents that are the proprietary intellectual property of Architect or any of its Subconsultants that was developed prior to the Effective Date of this Agreement. With respect to such proprietary intellectual property of Architect or its Subconsultants, Architect hereby grants Owner an irrevocable, perpetual and royalty-free license (with right to assign its rights) to use, modify and copy such proprietary intellectual property for any purpose relating to the Project.

Ownership of Design Documents. All Design Documents, including Drawings and Specifications, prepared by Architect or any Subconsultant shall be “works for hire,” and all rights, title and interest to the Design Documents, including any and all copyrights in the Design Documents, shall be owned by Owner, irrespective of any copyright notices or confidentiality legends to the contrary which may have been placed in or on the Design Documents by Architect or any Subconsultant. Architect and each Subconsultant waive in whole all the moral rights which may be associated with such Design Documents. If for any reason any part of or all of the Design Documents is not considered work for hire for Owner or if ownership of all right, title and interest in the Design Documents shall not otherwise vest in Owner, then Architect agrees that such ownership and copyrights in the Design Documents, whether or not such Design Documents are fully or partially complete, shall be automatically assigned from Architect to Owner, without further consideration, and Owner shall thereafter own all right, title and interest in the Design Documents, including all copyright interests. Notwithstanding the foregoing, nothing in this Section 5.1 shall result in a transfer of ownership of any Design Documents that are the proprietary intellectual property of Architect or any of its Subconsultants that was developed prior to the Effective Date of this Agreement. With respect to such proprietary intellectual property of Architect or its Subconsultants, Architect hereby grants Owner an irrevocable, perpetual and royalty-free license (with right to assign its rights) to use, modify and copy such proprietary intellectual property for any purpose relating to the Project.. 11