Legal Question in Intellectual Property in New Jersey
A landscape contractor subcontracts a freelance landscape architect to create a design for him. The contractor receives from the landscape architect a set of plans (in the form of printable PDF files (essentially blueprints)) to present to the client and ultimately to be used to construct the design. The contractor pays the landscape architect a fee for the design plans.
There is no written contract between the landscape architect and the contractor, only a verbal agreement between the two that the landscape architect will design and deliver plans (drawings) to the contractor for a fee. The landscape architect used his own equipment and office to create the CAD drawings.
Who owns the original (CAD) files used to create the design drawing? The landscape architect or the contractor?
1 Answer from Attorneys
If this is a genuine issue for you, you can give me a call. I have a good deal of experience with similar questions. If it is a homework assignment, you will find your answers in 17 USC s101 et seq.