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9 ship even though the contributions "were important to the final product."85 An alternative view is that joint authorship does not require a copyrightable contribution, but rather that joint authorship results when the authors intended that the collaboration be joint.86 The issue of copyright ownership should be addressed by contract because the evidence of intent to create a joint work does not have to be in writing; moreover, the author's contributions do not have to be "qualitatively or quantitatively equivalent" or "prepared in similar ways or with any day-to-day contact with the other authors."87 It is not necessary that the parties work together for there to be a joint work as long as their contributions are sufficiently complementary "to be embodied in a single work…."88 The quantity and quality of the contributions do bear on the ultimate question of the parties' intent.89 IV.
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10 tors and suppliers make means-and-methods decisions and document them in their models and shop drawings.99 It is preferable to rely on contractual provisions to protect a copyright owner's investment rather than to rely on a later action for infringement.100 The standard American Institute of Architecture (AIA) contract states that an architect is the author of the documents and drawings prepared for a project and that the architect retains all rights to the documents including the copyrights.101 Furthermore, the standard contract provides that an architect's documents and drawings are not to be used by others on another project except as agreed in writing.102 The same rights and protections, of course, could be transferred by contract to a transportation department.
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From page 11... ...
11 ing access rights, managing collaborative sessions, and recording and displaying change orders.116 • Because a model could be damaged to such an extent that the loss constitutes a force majeure event, the force majeure clause should define when a BIM-related loss or damage triggers the operation of the clause. • Without adequate contract documents indemnification claims may be difficult, if not impossible, to pursue.117 • The contract documents should address insurance coverage for loss or damage to electronic data that may not be covered by a typical policy without a special endorsement.118 C
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From page 12... ...
12 D Ownership of a Participant's Contribution to a Model Because many parties may contribute to a model, questions of authorship and ownership of the contributions may arise that should be addressed in the contract documents.
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From page 13... ...
13 permission may be granted orally.146 Under the facts of one case, it was held that an architectural firm had not orally assigned its copyright to a construction project to its former member's new employer, notwithstanding a memorandum executed more than 8 years later purporting to confirm an assignment.147 2. Implied Licenses One who commissions a work may have an implied license to use the work for some "limited purposes."148 A copyright holder in a model should be aware of the risk of creating or consenting to an implied license, the scope of which depends on the licensor's intent.149 Such nonexclusive licenses may be granted orally or implied from conduct.150 Only an exclusive license requires the consent of any other copyright owners.151 There are cases finding that under the circumstances an implied license has been granted.152 On the other hand, in an 146 Lansted Homes, Inc.
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