A developer employing a design and build contractor doesn't
usually expect to own the design produced by that contractor - but
they do expect to have a licence to use that design. The
standard form contracts JCT, NEC, ICE all pretty much follow this
premise, that: Design owned by the Contractor remains in the
contractors ownership. The Employer has a licence to use that
design for specific purposes.
What if the Contractor doesn't own the design? What if
the Contractor subcontracted the design to a third party?
The law provides that the third party who created the original
material is the owner of the copyright in that material unless they
specifically agree to transfer ownership. Copyright protects
the right to copy, issue or adapt the copyright material. The
law also gives the original designer moral rights in their
material. Moral rights protect the integrity of the copyright
material, with special rules applying to architects.
