Practice Notes

In December 1990, President Bush signed into law the Architectural Works Copyright Protection Act of 1990. Prior to this legislation, copyright protection for the work of design professionals was afforded only to drawings and specifications. The author of the design had no copyright remedy if a duplicate structure was constructed from the original drawings and specifications or from the building itself, provided the drawings and specifications were not copied.

Must architects and engineers be all things to all people to remain competitive? There is a competitive advantage if one can answer yes, but there is enormous personal and professional risk in the attempt to deliver on so broad a promise.

To indemnify means to stand in the shoes of someone else–to assume a responsibility that would otherwise be theirs. An insurance contract is an indemnity agreement. In return for the payment of a premium, your insurer agrees to stand in your shoes in the event of a covered loss.

The Indian peoples of the American great plains counted coup. The rest of us do, too, but the Indian story first. Coup was counted to establish position in the tribal honor system. Status mattered, and competition to count the greatest coup was intense. Personal exploits of exceptional bravery and daring counted most. Killing an enemy at long range counted no coup; winning by overwhelming numbers counted no coup. But the solitary warrior in a headlong battle charge climaxed by harmlessly touching an enemy scored a coup; honors were given for the daring required of close contact.

You can anticipate that agreements drafted by attorneys for your clients will be one-sided. That is how the game is played. Your role is to field your own list of desired benefits. According to the rules, the ensuing negotiations are expected to produce a mutually satisfactory meeting of the minds. You will be more successful in your efforts to strike a reasonable balance if you master those rules, and the narrative on the pages which follow is preparation for that.