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COPY RIGHT
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suresh_sharma
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Joined: 23 Mar 2011
Posts: 783

PostPosted: Sun Feb 17, 2013 3:42 am    Post subject: COPY RIGHT Reply with quote

I append the extract that I have addressed to the Indain Council of Architect and seek the opinion/views of structural consultants at SEFI:

"We appointed a registered architect for construction of our building.
We are asking for the soft copy of the structural design file for our
checking. He is not furnishing the same under the cover that it comes
under copy right. I very well know that only architectural and
artistic work of the architect falls under the copy right. Many
architects in the past gave us the soft copy of the file and we got
the same checked by IIT to ensure structural safety. We have the
instruction from the Central Vigilance Commission of India that
Departmental Engineers must check the structural safety . How can we
check the structural safety of the structure without the soft copy of
the structural design.

Please advise us urgently whether structural design comes under the
copy right. As per our standing structural design does not fall under
copy right. The copy right act can not play with the sfety of the
persons who will occupy the building. If it falls then we shall take
up the matter with the Govt and Central Vigilance Commission".

An early response will be highly appreciated

S P Sharma
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dipak_bhattacharya
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Joined: 18 Jun 2011
Posts: 76

PostPosted: Sun Feb 17, 2013 12:18 pm    Post subject: COPY RIGHT Reply with quote

Dear Suresh,

It all depends on your relation / agreement with the architect. These days all Govt. client departments are putting the clause of submissions/ deliverables in the agreement with the appointed architects / consultants. 


 In Indian condition, as a client, you have an important weapon with you, stop his fee till you get the same.  



On 17 February 2013 09:12, suresh_sharma <forum@sefindia.org (forum@sefindia.org)> wrote:
Quote:
           I append the extract that I have addressed to the Indain Council of Architect and seek the opinion/views of structural consultants at SEFI:

"We appointed a registered architect for construction of our building.
We are asking for the soft copy of the structural design file for our
checking. He is not furnishing the same under the cover that it comes
under copy right. I very well know that only architectural and
artistic work of the architect falls under the copy right. Many
architects in the past gave us the soft copy of the file and we got
the same checked by IIT to ensure structural safety. We have the
instruction from the Central Vigilance Commission of India that
Departmental Engineers must check the structural safety . How can we
check the structural safety of the structure without the soft copy of
the structural design.

Please advise us urgently whether structural design comes under the
copy right. As per our standing structural design does not fall under
copy right. The copy right act can not play with the sfety of the
persons who will occupy the building. If it falls then we shall take
up the matter with the Govt and Central Vigilance Commission".

An early response will be highly appreciated

S P Sharma
     



     


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badamsundararao
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Joined: 24 Dec 2009
Posts: 213
Location: KAKINADA ANDHRA PRADESH

PostPosted: Sun Feb 17, 2013 12:33 pm    Post subject: ARCHITECT-SOFT COPY OF STRUCTURAL DESIGN Reply with quote

Dear friend,

This is the common problem.I too faced similar Problem. When I asked the Architect to give analysis/design file he bluntly refused. Then I made my Analysis independently and I found that the Structural details given by him are not tallying with the Actual analysis and Design. Immediately I informed the Municipal authorities and The decision is not yet indicated.

Badam Sundara Rao.
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abhio
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Joined: 08 Mar 2010
Posts: 530

PostPosted: Sun Feb 17, 2013 12:40 pm    Post subject: Reply with quote

Checking of a structure ought to consist of more than ensuring that our computer gives the same results as that of the other engineer. Any competent engineer should be able to check a structure on the basis of drawings alone. We have checked designs and drawings made by Chinese designers without bothering to try and understand the "Chinese English" design notes.

In case if the designer is unwilling to part with his analysis model, insist on a detailed design note showing safety and stability checks for every component. I agree that checking is certainly easier with access to the original models, but I don't believe that coercing the designer to give you the model is the right solution.
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bsec
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Joined: 26 Jan 2003
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PostPosted: Sun Feb 17, 2013 12:51 pm    Post subject: COPY RIGHT Reply with quote

Dear Mr Suresh Sharma,

Proof checking is an independent activity. Checking should not be carried out on soft copies of the Designs carried out by the original consultant. If I am the Design Consultant, I would not share my worksheets with the Proof Consultant and would expect the Proof Consultant to carry out his independent calculations (if needed) or check the hard copies of calculations submitted. At the most, I will share the input files of any standard software (say STAAD/Pro), but certainly not the worksheets.


It is also advisable for the Proof Checker not to proof check the soft copies of design, as it is difficult to detect mistakes from the worksheets of another person. Independent checking is always better


Best Wishes


Alok Bhowmick 

On Sun, Feb 17, 2013 at 9:12 AM, suresh_sharma <forum@sefindia.org (forum@sefindia.org)> wrote:
Quote:
           I append the extract that I have addressed to the Indain Council of Architect and seek the opinion/views of structural consultants at SEFI:

"We appointed a registered architect for construction of our building.
We are asking for the soft copy of the structural design file for our
checking. He is not furnishing the same under the cover that it comes
under copy right. I very well know that only architectural and
artistic work of the architect falls under the copy right. Many
architects in the past gave us the soft copy of the file and we got
the same checked by IIT to ensure structural safety. We have the
instruction from the Central Vigilance Commission of India that
Departmental Engineers must check the structural safety . How can we
check the structural safety of the structure without the soft copy of
the structural design.

Please advise us urgently whether structural design comes under the
copy right. As per our standing structural design does not fall under
copy right. The copy right act can not play with the sfety of the
persons who will occupy the building. If it falls then we shall take
up the matter with the Govt and Central Vigilance Commission".

An early response will be highly appreciated

S P Sharma
     



     


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gautam chattopadhyay
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Joined: 17 Feb 2009
Posts: 128

PostPosted: Sun Feb 17, 2013 2:39 pm    Post subject: COPY RIGHT Reply with quote

many so called consultants do it to hide their faulty designs. copy right does not apply to design works based on methods available in market and using softwares which are themselves protected. May be the designer has used unauthorized software, counterfeited copy of STAAD and afraid of being held under copyright violation act, software piracy act. design calculation does never come under copyright act.

On Sun, Feb 17, 2013 at 9:12 AM, suresh_sharma <forum@sefindia.org (forum@sefindia.org)> wrote:
Quote:
           I append the extract that I have addressed to the Indain Council of Architect and seek the opinion/views of structural consultants at SEFI:

"We appointed a registered architect for construction of our building.
We are asking for the soft copy of the structural design file for our
checking. He is not furnishing the same under the cover that it comes
under copy right. I very well know that only architectural and
artistic work of the architect falls under the copy right. Many
architects in the past gave us the soft copy of the file and we got
the same checked by IIT to ensure structural safety. We have the
instruction from the Central Vigilance Commission of India that
Departmental Engineers must check the structural safety . How can we
check the structural safety of the structure without the soft copy of
the structural design.

Please advise us urgently whether structural design comes under the
copy right. As per our standing structural design does not fall under
copy right. The copy right act can not play with the sfety of the
persons who will occupy the building. If it falls then we shall take
up the matter with the Govt and Central Vigilance Commission".

An early response will be highly appreciated

S P Sharma
     



     


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suresh_sharma
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Joined: 23 Mar 2011
Posts: 783

PostPosted: Sun Feb 17, 2013 2:49 pm    Post subject: Reply with quote

Now a days complete design file is asked for by the Municipal authorities who arrange for checking the design by some Govt Engineering college or IIT at the cost of client before passing the plan. I am sorry to say that the quality of designs are based on the amount of fees the designer gets from the architect. In  the instant case that I am handling, the architects were beguiling the client and that the whole of design was based on 1.5DL+1.5LL i.e. only one combination of load was taken for design. Now that I insisted upon considering the load combonation as per IS 456 the whole design has changed. Under the circumstances it is not possible to rely upon the design given by the architects who hire some incompetent designer for the sake of money. They also try to beguile the client by saying that gurantee would be given that building is safe for all conditions of loading.

The designer is not giving the soft copy because I apprehend some other problems as well. The entire of building is frame structure but the design has been done as for continuous beam and isolated column ignoring the effect of connectivity between beam and column.

My question is that every item can not be treated as copy right. Suppose I go to a diagnostic centre for xray. The dignostic centre may refuse to give the xray and say that he would only give the report not the xray. Will it be accetable under copyright. Copy right act has laid down the items which could be placed under copy right.
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K B NEELAKANTAN
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Joined: 18 Mar 2010
Posts: 10

PostPosted: Sun Feb 17, 2013 4:30 pm    Post subject: COPY RIGHT Reply with quote

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anantparghi
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Joined: 24 Nov 2008
Posts: 9

PostPosted: Sun Feb 17, 2013 9:36 pm    Post subject: Re: COPY RIGHT Reply with quote

K B NEELAKANTAN wrote:
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anantparghi
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PostPosted: Sun Feb 17, 2013 9:37 pm    Post subject: Re: COPY RIGHT Reply with quote

K B NEELAKANTAN wrote:
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