Architects
In this section you will find user-friendly information sheets and FAQs relevant for Architects.
Related Info Sheets
Related FAQs
Do I need permission to put an artwork onto my website?
Generally, yes. If the work is protected by copyright you will need permission from the copyright owner to communicate the work to the public via the website, unless one of the exceptions to infringement applies to the situation.
Can I prevent a client from using my plans if he or she has not paid me?
Unless there’s an agreement to the contrary, someone who commissions plans will usually have an implied licence to use them for the purpose for which they were commissioned (usually, to construct a building based on the plans). This will usually be the case whether or not the client has paid.
The best way to ensure a client can’t use plans until you’ve been paid is by ensuring your client agreement says something to this effect. We understand that the sample agreements available to members of the Australian Institute of Architects include a clause that makes the client's licence to use the plans conditional upon payment.
I was commissioned to do some sketch plans for a site. Can the client take them to a different architect?
This will depend on what was agreed. In the absence of an agreement the client may have an implied licence to take the plans to another architect, but this will very much depend on the facts of the particular situation. To avoid any doubt it’s always best to have a written agreement.
Can I photocopy plans of a development application for the property next door?
There is no general exception to infringement that applies in these circumstances. However, since you may be affected by the development, you may be able to copy the plans as a fair dealing for research or study. However, the local council may not be entitled to copy the plans for you. Some councils overcome this problem by asking people submitting development applications to provide multiple copies of the plans, or to give express permission for the plans to be copied for these purposes.
I want to sell my house with the renovation plans which I’ve had approved by the council. Do I need the architect’s permission?
Depending on the terms and conditions of your agreement with the architect, an implied licence to build may be transferable to the new owner of the land. However, you should read the agreement carefully. In some cases, architects’ contracts specify that the client does not receive a licence to reproduce the plans (in further plans or a building) until they have paid the fees; or that the licence cannot be transferred without the architect’s permission.
Generally, vendors and buyers may need to consider getting specific advice on this issue from a solicitor with the relevant expertise. The Law Society in your State or Territory should be able to refer you to a solicitor in your area.
I have paid a builder to draw a plan. Can I ask another builder to build the house?
In many cases, you will need permission from the first builder to build a house based on the plan. This is because the builder is likely to own copyright in the plan, and you may not have an implied licence to build using another builder. You should seek legal advice if you are considering building from such a plan without the builder’s permission. If you decide not to build from that plan, it is advisable not to show that plan to anyone you subsequently ask to draw a new plan for you. If the second person does see the earlier plan there may be an inference that that person has consciously or subconsciously copied original elements of the earlier plan.