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Copyright and Disclaimer Text for CAD Documents


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Hi all

Making myself a Vectorworks template to use as a default basis for new drawings, and wanting to include some text regardng copyright of the design, and a disclaimer regarding safe installation etc.

 

Not wanting anything too wordy but I'm not fantastic at stringing words together like that so was wondering if perhaps anyone has something they could share with me? :)

 

My thoughts were something along the lines of:

 

"This design remains copyright to David Elsbury. Changes should be queried with the designer. Please check you are working off the most recent version of the plan. It is the responsibility of the indidual crew members to ensure they are installing this rig to the appropriate safety standards. The designer is not responsible for this rig being installed incorrectly or unsafely. It is strongly recommended to verify all measurements on site."

 

Cheers, David

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Something along the lines of which I've seen on many LX plans that cross my path.

 

Depends I guess whether it is for LX design or buildings or staging, or ships etc. But can reword slightly.

 

 

 

 

 

This drawing represents design intent and concept.

 

The designer and assistant designers are responsible for visual aspects of the production only, and all specifications provided relate solely to the appearance of the lighting and not to matters of electrical or structural soundness and/or safety. The implementation of this design must comply with the most stringent applicable federal and local safety

and fire codes. The designer is not qualified to determine electrical or structural appropriateness of the design and will not assume responsibility for damages resulting through improper engineering and/or implementation in the handling of the elements of the lighting design. The designer agrees to make prompt correcting alterations to any

specification found to be incompatible with proper safety precautions.

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I think I'd remove the crew part, because

It is the responsibility of the indidual crew members to ensure they are installing this rig to the appropriate safety standards

is making a statement you, at a distance, cannot be certain is true. Somebody has the responsibility, but a court would have to decide this one.I can think of a number of circumstances where it would not work. An intern/work experience person could be on the job, and the responsibility would lay with the supervisor. No point in making a statement on a variable. The following statement saying it's not your fault seems to do the same job.

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This is one for building installation for a project company with offices in USA, Germnay and Australia and covers them for their installation work and temporary projects

 

 

THE INFORMATION CONTAINED IN THIS DOCUMENT IS PROPRIETARY

TO ****** THIS DOCUMENT IS PREPARED FOR A SPECIFIC SITE

AND INCORPORATES CALCULATIONS BASED ON DATA AVAILABLE FROM

THE CLIENT AT THIS TIME. BY ACCEPTING AND USING THIS DOCUMENT,

THE RECIPIENT AGREES TO PROTECT ITS CONTENTS FROM FURTHER

DISSEMINATION, (OTHER THAN THAT WITHIN THE ORGANIZATION NECESSARY

TO EVALUATE SUCH SPECIFICATION) WITHOUT THE WRITTEN

PERMISSION OF ****** THE CONTENTS OF THIS DOCUMENT

ARE NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART

WITHOUT THE WRITTEN PERMISSION OF ******

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If there is a risk that folk could get hurt DE, then it might be worth getting the terms and condx couched in proper legalese, so perhaps a better plan would be to consult a lawyer to draw up the proper disclaimers in the contractual pro forma thing???

 

I would be concerned that some wily lawyer type would tear apart the homebrew contract in court should you find yourself on the end of a claim or worse, charges.

 

We are discussing the Indiana issue as you know and it occurs to me that as said issue will end up in court you would be wise to get your protection strategy in first.

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This is the one from the ALD (Association of Lighting Designers) UK

 

THIS DRAWING REPRESENTS DESIGN INTENT AND CONCEPT ONLY. The designer and associates

are responsible for the visual aspects of this production, and all specifications provided relate

solely to the appearance of the lighting and not matters of electrical or structural soundness

and / or safety. The implementation of this design must comply with the most stringent applicable

International, EEC, local safety and fire codes. This designer and associates is not qualified to

determine electrical or structural appropriateness of the design and will not assume responsibility

for damages resulting through improper engineering and / or implantation in the handling of

this lighting design. The designer agrees to make prompt correcting alterations to any

specification found to be incompatible with proper fire and safety precautions.

 

 

The first one I gave was the American version.

 

 

Edited due to a couple of really stupid rewrites from my ALD plan. However the bit that says "This designer and associates is not qualified...." is actually what it says. !

 

One would assume also the ALD was drawn up by a legal team. Perhaps now, but I would hope so. !

 

Thanks Paul for the heads up!

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Yeah, fair enough. Might pay, as suggested to skip the liability for incorrect installation et al. That's not really my intention, however I have seen it on another document so included it for discussion, as it were.

 

More about copyright and protecting the intellectual property of the design, as it were. Gareth's second post seems to be pretty good.

 

Also I don't want half a page of text on the plot :P

 

Will post up a revised draft one in a bit.

Thanks for your collective input, keen to hear anyone else's opinions :)

 

David

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** laughs out loud **, the disclaimers would be along the lines if "you the client" deviate from my plan then on your own head be it...on the grounds it is no longer my plan. Ergo I cannot be held responsible if you add to or subtract various elements of my plan as you see fit without my being fully informed and agreement obtained. This is why I would be using a lawyer to build the contract from the word go.

 

Your comment is typical of what can happen in court...and I have been in court many, many, many times.

 

I suspect there will be a great deal of this in the Indiana issue.

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Gareth - something a bit odd happened with your ALD post - some of it doesn't make any sense?

 

Corrected in original posting.

 

 

For clarification of where I got these.

 

1st is the American Association of Lighting Designers Copyright Notice

2nd is the company I currently work for - who does installation, temporary installations, design and build etc.

3rd is the UK Association of Lighting Designers Copyright Notice

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An oxymoron perhaps?

IIRC you can't disclaim against negligence or similar.

 

I think that's right. You can put what disclaimers you like but if a court decides you are responsible you are responsible. If that wasn't the case there'd be no need for PI Insurance. For example it was decided years ago that the sign you pass on the way into various events saying, in effect, "I agree not to hold the organizer responsible and that I enter at my own risk', is worthless in limiting liability but I still see it regularly as a try on.

 

It's much better to get a written contract/agreement at the earliest stages that says in black and white what will be your responsibility and what will be that 'of others' and settle that along with your general terms each time. Then each drawing can simply contain the statement in Gareth A's second post re copyright and dissemination and the clear warning that its use is governed by the terms of the agreement number xxxx dated xx/xx/xxxx. This is what I do anyway.

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The disclaimers thing is for your protection against any alteration the client makes to your original design...and thereby causes an accident by their negligence, as in taking a short cut, omitting to follow the design etc etc.

 

(I was not for a moment suggesting, ahem, that your design would be the basis for a charge of negligence...)

 

Hence my very strong recommendation to get the contract worded in legalese by a legal expert, ie lawyer (should be no need to add by a lawyer specialising in contract law).

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  • 2 weeks later...

Thanks for the help. Just by way of following up, I've decided on the below text. Seems to cover most of the bases I think.

 

David

 

This drawing represents a design intent and concept only.

This document and all associated documents are prepared

for a specific site and event, and incorporate calculations

and measurements available from the client at the time of drafting.

The recipient agrees to protect the contents from distribution

and dissemination except as required for the specific event named,

without the written permission of the designer. The contents of this

document are not to be reproduced or copied in whole or part

without the written permission of David Elsbury. Use of this design

is granted to the client for the specified and named event only.

Copyright © 2012.

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