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Copyright and drawings

  • 02-08-2016 12:44pm
    #1
    Registered Users, Registered Users 2 Posts: 31


    Hello everyone, sorry if this the wrong place to post!

    Anyhow, a neighbour asked me back in April to prepare drawings for planning permission for an extension to their house. I mentioned that i was starting a new job and moving away and that all correspondence would be weekly via emails and phone calls. So anyways i prepared a sketch design, sent it to them by email, and also sent a text message if they could review and get back to me so i could start preparing the drawings in more detail.

    I never heard back, no replies, nothing. I then came to the conclusion that they were not going ahead with the project as money may have been tight.

    When i was home this weekend i noticed that they had started an extension, and that the concept and design was very similar to my sketch. They wont answer the phone to me,

    Where do i stand, is it tough luck? or can i ask for a fee for the sketch prepared, would there be a copyright issue?

    Thanks for any advice


Comments

  • Moderators, Society & Culture Moderators Posts: 40,361 Mod ✭✭✭✭Gumbo


    Is there a written contract between you?
    Or verbal agreement?


  • Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    You can send them an invoice for what you did for them - I'd imagine it's unlikely to get paid and if you are currently working full time you might end up having to give half of it away in tax anyway!

    You have no evidence of copyright infringement unless you can find a drawing with someone else's name and your sketch (this may be on the planning website of the local authority) and even if you did what would you do about it? Getting a lawyer to even think about it will cost you more than you would get paid for the sketch drawing. Bear in mind that they told you (I assume) what they were looking for in terms of an extension so if they went with another designer they would have presumably given him/her the same brief.

    Depending on your relationship with your neighbours I think your realistic options are as follows:

    1. Send them an invoice and if you get money great. If you don't chalk it up to experience and move on.
    2. Chalk it up to experience right now and move on.


  • Registered Users, Registered Users 2 Posts: 31 ArtieBucco


    Thanks guys for the replies. Yes it was a verbal agreement.

    I suppose its just down to lack of experience, and your right i will get nothing for it. I will just have to suck it up and as you say move on. I have only ever done about 3 nixers, and i think that will be my last.

    I'm not mad about the money or anything, its just the sneaky way they operated! The whole concept of their extension was my idea, they never would have went to another architect and briefed them with their requirements, they hadn't a clue when i met them.

    the fact they using my idea, and went to someone else is crazy.

    thanks again


  • Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭Calahonda52


    OP, as you say suck it up and move on.
    The other risk here is that if perchance it turns out to be a problem extension, well then you don't need to be dragged into it.
    We all get suckered now and again, the one consolation here is that you didn't put out any of your own johnny cash, time yes, but hopefully no mula
    Keep well.

    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    Happens us all OP - and to many other walks of life too.

    My big concern would be that they didn't get anyone else and that there is a builder now on site using your sketch as a building drawing!

    In which case you need to find a way of formally distancing yourself from any future responsibility for the project or problems that arise.


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