COPYRIGHTS AND LICENSES. § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project.
COPYRIGHTS AND LICENSES. § 12.1 Drawings, specifications, and other documents furnished by the Design-Builder, including those in electronic form, are Instruments of Service. The Design-Builder, and the Architect, Consultants, Contractors, and any other person or entity providing services or work for any of them, shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements, or for similar purposes in connection with the Project, is not to be construed as publication in derogation of the reserved rights of the Design-Builder and the Architect, Consultants, and Contractors, and any other person or entity providing services or work for any of them.
COPYRIGHTS AND LICENSES. The Contractor agrees that all documents of any kind whatsoever, and in whatever medium expressed, prepared by the Contractor and the Contractor’s consultants in connection with the Work (collectively, the “Documents”) or otherwise pursuant to this Contract and all rights therein (including trademarks, trade names, rights or use, copyrights and/or other proprietary rights) shall be and remain the sole property of the Village (regardless of whether the Village or the Contractor terminates this Contract for any reason whatsoever). The Contractor hereby agrees that the Documents are or shall be deemed to be “Works for Hire” within the meaning of Section 101 of the Copyright Act, and the Contractor hereby assigns to the Village all right, title and interest therein. Notwithstanding, the Contractor shall indemnify and hold harmless the Village, its appointed and elected officials, employees, agents and volunteers from and against all claims, damages, losses, and expenses (including attorneys’ fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the Documents and the Work.
COPYRIGHTS AND LICENSES. (a) Drawings, specifications, reports, data and other documents, including, without limitation, those in electronic form, prepared by the Consultant and/or its Subconsultants in connection with the Services are the property of the City who shall be vested with all common law, statutory and other reserved rights. At the City’s request, the Consultant and/or its Subconsultants shall provide the City, the City and any third party designated by the City, a full and complete release, in a form and substance acceptable to the City, of any and all rights the Consultant and/or its Subconsultants may have to the drawings, specifications, reports, data and other documents prepared by the Consultant and/or its Subconsultants in connection with the Services.
COPYRIGHTS AND LICENSES. Modify entire Section 3.3 to read as follows:
COPYRIGHTS AND LICENSES. The Construction Manager and the Construction Manager’s consultants, if any, shall not own or claim a copyright in the Instruments of Service. The Construction Manager, the Construction Manager’s consultants, if any, and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Construction Manager intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions.
COPYRIGHTS AND LICENSES. § 7.1 The Instruments of Service are the drawings, specifications, models, and other documents or representations, including those in digital or electronic form, prepared by the Engineer and the Engineer’s consultants to describe and define the Work, including the Design Development Documents and the Construction Documents.
COPYRIGHTS AND LICENSES. 6.1 Upon execution of this Agreement, Consultant grants Architect a license to use Consultant’s Instruments of Service in the same manner and to the same extent as Architect has granted a license to Owner in the Prime Agreement. Should the Prime Agreement require transfer of ownership of Architect’s Instruments of Service to Owner, then Consultant hereby grants such transfer of ownership in Consultant’s Instruments of Service to Architect. Additionally, Consultant hereby grants Architect, upon Architect’s payment to the Consultant of amounts properly due under this Agreement, or upon Architect’s termination of Consultant for cause, a royalty free license to use the Design Construction Documents in connection with completing the project. Consultant, upon request from Architect, shall provide all documents in whatever form reasonably requested by Architect. Architect shall, in its sole discretion, have the exclusive right to transfer or assign to Owner any of the foregoing rights granted to Architect. Architect agrees that all uses by Architect of Consultant’s Instruments of Service shall be limited to the Project and shall indemnify Consultant for damages arising from any unauthorized use by Architect of such intellectual property on another project.
COPYRIGHTS AND LICENSES. 5.1 Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Consultant and the Consultant’s subconsultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials in digital or physical form.
COPYRIGHTS AND LICENSES. (a) Drawings, specifications, reports, data and other documents, including, without limitation, those in electronic form, prepared by the Consultant and/or its Subconsultants in connection with the Services are the property of the City who shall be vested with all common law, statutory and other reserved rights. At the City’s request, the Consultant and/or its Subconsultants shall provide the City, the City and any third party designated by the City, a full and complete release, in a form and substance acceptable to the City, of any and all rights the Consultant and/or its Subconsultants may have to the drawings, specifications, reports, data and other documents prepared by the Consultant and/or its Subconsultants in connection with the Services. Such documents and/or electronic media are not intended or represented to be suitable for reuse by the City or others on extensions of the Project or on any other project. Any reuse or modification without written approval or adaptation by the Subconsultant will be at the Client’s sole risk and without liability or legal exposure to the Subconsultant.
