In our last Blog €Confidentiality in Outsourcing of Architectural Drafting Services: How Safe is your Design?' we looked at the natural fears of a company sharing intellectual property with a service provider. In this article we look at Non-Disclosure Agreements and how they work in the architectural drafting services industry.
Safety? What are we scared about?
Apart from the proverbial sky falling on our heads, I guess, we need to protect these aspects,when outsourcing our work to an architectural drafting services provider:
€Client information
€Project information
€Design: This is the core intellectual property which the architect would wish to protect
€Documentation: Every office stands out, even though just a bit, with its unique drawings. Be it layer management, title blocks, sheet composition, hatch preferences, text fonts, line properties or sheet notes: the sum of these form the identity of an architect's office
€Details: Detailing is a part of design and documentation, but design of details is what really sets out one designer from another
What are the common clauses in a Non-DisclosureAgreement (NDA) in this industry?
1.Copyright: establishes the copyright of the architect over the intellectual property. This is a pretty standard clause and goes on to define infringement and the property in finer detail. In the world of architectural drafting services, it is important that the service provider understands that acts like tweaking a detail and passing it on further, or hiding a title block and sharing the designs still qualify as infringement
2.Reproduction: transmission and reproduction of the data, electronically or by reprographics are prohibited
3.Protection: it is the duty of the architectural drafting services provider to ensure protection of the design data entrusted to them. Simply not copying it themselves is not enough
4.Alert: the service provider must intimate the architect if an infringement comes to their notice
5.Ownership: ownership of all drawings and designs remains the architect's. The architectural drafting services provider cannot leave any stamp, watermark or indication whatsoever of its existence on the drawings. It cannot use the drawings for training, display or advertisement without written consent of the architect
6.Alteration: soft or hard data cannot be altered during or after the course of work, for example changing layer names or properties, etc. It may sound surprising that this clause finds its way in an NDA rather than, perhaps the work order or contract
7.Repercussions: needless to say, every agreement must end with a discussion of €what happens if' and €who will' and €where will it' etc. Nothing specific about the architectural drafting services industry in this part
When do we sign the NDA?
Opinions (and practices) vary on this apparently question. The dilemma here is between signing the NDA too early (estimation) or too late (project kick-off).
Here are a few opinions shared by professionals on this:
€Not Too Soon, Please: Outsourcing is, in part, a shot in the dark, a relation with the unknown. Forging a legal and written commitment too early with someone in this day and age? Think!
€It's Now or Never: Sending drawings for estimation without an NDA, even if the drawings are neutered out of proprietary information, can pose a security threat
€No living on the edge, Sirs: Discussing estimation or even ball park figures with your architectural services provider in the absence of drawings can be irritating, cause delay and definitely send the estimation haywire
€When is Too late?: What if, after all the hard work over conference calls and estimation is done, your service provider disagrees with your NDA terms at project kick-off? Do you have the time to look for another?
Food for thought€¦
Safety? What are we scared about?
Apart from the proverbial sky falling on our heads, I guess, we need to protect these aspects,when outsourcing our work to an architectural drafting services provider:
€Client information
€Project information
€Design: This is the core intellectual property which the architect would wish to protect
€Documentation: Every office stands out, even though just a bit, with its unique drawings. Be it layer management, title blocks, sheet composition, hatch preferences, text fonts, line properties or sheet notes: the sum of these form the identity of an architect's office
€Details: Detailing is a part of design and documentation, but design of details is what really sets out one designer from another
What are the common clauses in a Non-DisclosureAgreement (NDA) in this industry?
1.Copyright: establishes the copyright of the architect over the intellectual property. This is a pretty standard clause and goes on to define infringement and the property in finer detail. In the world of architectural drafting services, it is important that the service provider understands that acts like tweaking a detail and passing it on further, or hiding a title block and sharing the designs still qualify as infringement
2.Reproduction: transmission and reproduction of the data, electronically or by reprographics are prohibited
3.Protection: it is the duty of the architectural drafting services provider to ensure protection of the design data entrusted to them. Simply not copying it themselves is not enough
4.Alert: the service provider must intimate the architect if an infringement comes to their notice
5.Ownership: ownership of all drawings and designs remains the architect's. The architectural drafting services provider cannot leave any stamp, watermark or indication whatsoever of its existence on the drawings. It cannot use the drawings for training, display or advertisement without written consent of the architect
6.Alteration: soft or hard data cannot be altered during or after the course of work, for example changing layer names or properties, etc. It may sound surprising that this clause finds its way in an NDA rather than, perhaps the work order or contract
7.Repercussions: needless to say, every agreement must end with a discussion of €what happens if' and €who will' and €where will it' etc. Nothing specific about the architectural drafting services industry in this part
When do we sign the NDA?
Opinions (and practices) vary on this apparently question. The dilemma here is between signing the NDA too early (estimation) or too late (project kick-off).
Here are a few opinions shared by professionals on this:
€Not Too Soon, Please: Outsourcing is, in part, a shot in the dark, a relation with the unknown. Forging a legal and written commitment too early with someone in this day and age? Think!
€It's Now or Never: Sending drawings for estimation without an NDA, even if the drawings are neutered out of proprietary information, can pose a security threat
€No living on the edge, Sirs: Discussing estimation or even ball park figures with your architectural services provider in the absence of drawings can be irritating, cause delay and definitely send the estimation haywire
€When is Too late?: What if, after all the hard work over conference calls and estimation is done, your service provider disagrees with your NDA terms at project kick-off? Do you have the time to look for another?
Food for thought€¦
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