Is it usual that architect/builders maintain copyright of custom
designed plans despite having received $30,000?

The clause in the contract states:
The Architect/Builder maintains copyright in any/all works and
intellectual property rights in such works. The Owner does not acquire
any right, title, or interest in, or to such works. The works may only
be used and constructed by the Architect/Builder, and no one else.

Suppose I am dissatisfied with the service and do not wish to
continue, I would be out of pocket $30,000 and walk away with nothing.
Is that usual?


For a helpful, in depth answer I am prepared to give a bonus of up to $40.

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Clarification of Question by qwertz-ga on 09 Apr 2006 05:30 PDT

Thank you "myoarin-ga" for the answer. It is exactly what I needed.
I'll leave the question open so you can collect the payment.

Thank you for your comment, redfoxjumps. It's also helpful :-)

The copyright protection just means that you cannot use the plans,
etc., to build or let someone else build by using them.  This has
nothing to do with your question about possible dissatisfaction,
either with the planning/design or eventual construction managed by
the architect.  The contract passage is not unusual.
There is a similar one near the end of this a model contract, which is
perhaps more extensive than yours.
http://www.state.sc.us/mmo/ose/1999/sbs4.pdf

What comes across is that the architect's work is submitted for review
and approval by the client/owner, with many references to negotiation.
With a custom design, the contract is just the starting point, the
owner must keep involved to be sure that he understands and agrees to
what is proposed.  Some folks just have difficulty envisioning what a
architectural plan will look like when constructed.  And some
architects are not so amenable to suggestions and questions.
IF you have signed the contract, you are bound by it.  PERHAPS, if at
an early stage you want to back out, a lower fee might be negotiated
or settled in arbitration.

This is a free comment, not an "answer" to your question, which only a
G-A Researcher with a blue name can post.  And, of course, as the
disclaimer below states, this is no legal or professional advice.

If my comment suggests further questions, please post a Clarification.

Sounds like a standard boilerplate clause. 

If yours is a custom home, you can imagine 25 copies of your house in
a tract near you. The clause might stop the copycats.

Greetings Qwertz,
It's my pleasure!  Glad that you found my comment so useful.
As mentioned, only G-A Researchers with blue names can post official
answers, so this is a freebie.
I hope that your question was just to clarify the matter and did not
result from any dissatisfaction.
I wish you success with the project.
Regards, Myoarin