Using Copyrighted Arch. Drawings

[XR250]

A homeowner contacted me about providing engineering services for their renovation. They sent me an electronic copy of their architectural plans. As it turns out, the architect is also a design/build contractor. The homeowners ultimately decided it was too expensive to use their services and chose to act as their own general contractor.
Unaware of the nature of their relationship, I reached out to the architect with a question. She responded firmly, stating that neither I nor the homeowners are permitted to use her drawings for construction or as backgrounds for my engineering work, as they are copyrighted.
While I respect her position, I’m wondering: am I legally obligated to comply with her restriction? I’m essentially using screenshots of the plans, scaling them, and layering my engineering work over them.
I understand this touches on intellectual property issues. However, the architect has already been paid for her work. Does that change anything?

 

[jhnblgr]

Would have to see the contact to see how it was worded. If they were paid for their services as per contract then they have no real leg to stand on.

In the US design build is really only legal for government projects and not residential.

The only time I ever make such statements as the architect did is when I have not been paid for the work. If anyone has ever asked I tell them straight up so I think there is 1 of 2 viable possibilities the work was done on the promise of getting the job or outstanding bills.

I have learned from my experience with Architects that they have zero ethics, one time one gave a verbal authorization to work on a report for them and the report was released they told me sometimes you don’t get paid, they took my work and brought another engineer onboard and built exactly my report said.

 

[XR250]

Regardless, I feel like the Arch. is being petty and should let them use the drawings. It is just good business.

 

[jhnblgr]

Agreed, also legally the contracts should have been independent since it is illegal for engineering companies to do construction under the same entity. Hence why they typically have two different company names one for engineering and the other for construction. There needs to be a major overhaul of the architecture programs since many are only providing interior design services and misleading the clients.