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Fair Use of Images

farwest1

I'm looking for some input from firm owners and principals on an issue:

A few years back, I worked for an architect. It was just me and him, and I did all of the design work. He handled the business. While in his office, I entered two competitions. I initiated them and did 100% of the work—he didn't even look at the boards on either competition. To my surprise, we took prizes in both competitions.

Fast forward: now I have my own practice. We have a website, and I'd like to put the competitions on it. I like the designs, and I did 100% of the work, even though I did them during hours while I was working for the other architect.

Do I have a legitimate ability to put these on my website? If I list his firm name with the competitions? What would the protocol be here?

Likewise, I worked on a few projects that are now built. Again, I did almost all of the work on these projects, though they were under his business. Is there any way to show these on the website of my firm?

 
Oct 28, 10 1:02 pm

as long as you clearly state that you worked on the project within the other firm i see no drama. i see that alot

Oct 28, 10 2:47 pm  · 
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poop876

You did the work, the other firm benefited from it? Legally you can post images, as long as you credit the firm/architect and state what you did.

If somebody has Burj Dubai in their portfolio does not mean they did the entire building....but maybe just a bathroom layout...yes they still can use the image to show what project they worked on....

Oct 28, 10 4:53 pm  · 
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outed

farwest - i think the consensus is going to be that, so long as you credit the firm, you should be fine. i've noted before but we actually went so far as to have a written agreement with our prior firm that clarified how we would represent our experience there. will always say it's the 'right' thing to do, but also understand it may not be possible in every situation.

i'd say list the competition work as well as the projects - just state what your role was truthfully. all you want to make sure of is that any potential clients (of yours) don't think you were lying at any point in how you've represented yourself.

Oct 28, 10 6:09 pm  · 
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quizzical

farwest: firm owners tend to have a proprietary feeling about work produced on their nickel - rightly so, IMO.

however, in my experience, most will get comfortable with the use of images of work produced within their firm if the user provides an appropriate, honest explanation of the circumstances under which the work was produced.

if you have not already done so, you might want to review the portion of the AIA Code of Ethics that deals with this topic - from both the employer's and the employee's perspective.

Oct 28, 10 6:58 pm  · 
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Cherith Cutestory

I've seen many new offices include projects from the previous office where they were a PM or whatever on their website. Usually says somewhere on the project page "done while at XYZ office."

Oct 28, 10 7:38 pm  · 
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LB_Architects

Keep in mind that you do not get permission to use built images from the architecture firm. Copyright of images is with the photographer, so you would legally be required to obtain permission from the photographer who shot the project. You would also normally be required to credit the photographer on your site also. Sometimes photographers require you to pay a fee for image usage, but many would simply agree without a fuss considering you're just starting on your own. Or you can take the photos yourself, in which case you hold copyright.

I agree with the other comments regarding other project representation and displaying credit to the firm. I'll add that it might be wise to let the firm know that you're doing this, as a courtesy.

Oct 28, 10 11:15 pm  · 
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farwest1

Thank you all.

My former boss has been very direct about saying that he supports my ability to use images.

The tricky thing is that my intended use isn't simply for a young architect's portfolio in order to find a job.

Instead, it's for my own firm website that will help me to get clients. I now live in a different market, so we probably won't be competing for the same work.

Oct 29, 10 3:52 pm  · 
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poop876

Book portfolio or web portfolio...I don't see any difference when it comes to the images!

Oct 29, 10 3:55 pm  · 
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Distant Unicorn

Here's a little piece of advice (my last piece of advice). And photographs and many designers will hate me.

Using copyrighted images for personal gain with out attribution, permission or compensation is illegal.

Using the very same images for purposes of education is protected by the fair use clause-- "Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship"

So, when you put those images on your website and you're not sure if you can use them... you can technically call that section a "bibliography or anthology" without worrying about having to be sued.

However, do not try to make any sort of sales pitch or talk about your skills in the 'stolen section.'

Oct 29, 10 4:02 pm  · 
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jetvancake

This might be redundant info but, you can use them as long as:

1. You have the photographers permission / image rights.. etc.
2. You clearly state what your role in the project was and with which firm you performed said role.

My firm uses architects work from their previous offices to market the skills/experiences of those architects. This is especially crucial given some of these architects were principal design architects in some pretty impressive projects. Its perfectly legal.

Oct 29, 10 5:32 pm  · 
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trace™

Photographer's "rights" are all screwy, imho. They really figured out a way to eke out every last dime from a photo!


Technically, this should also apply to all graphics - renderings, etc., where the client 'licenses' the use (as with photography). Rarely, though, is that ever taken into consideration or respected.

How many renderings do you see that don't give credit to the company that did it? Not many, although you see more and more (and we put that in our contracts now, but don't enforce it, more of a 'please put credit where it is due').


Give credit where it is due and you'll be fine (with the permission).

Oct 29, 10 7:23 pm  · 
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trace™

but most new companies need to show work, and usually that work is previous to the firm, so it has to be things done at previous employers.

Better to show a building you worked on at another firm than have nothing on your website.

Oct 30, 10 11:23 am  · 
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farwest1

eew,

I see what you're saying. However, with any new firm the range and amount of work will be fairly slim. (We have exactly one built project, one project about to go into construction, and three proposals thus far.)

It's therefore imperative for us to have a broader range both of work and of types of work, in order to attract clients.

My partner and I, between us, have worked on and designed probably fifty or so projects—almost all working for other people. Many of them were large museums, skyscrapers, dormitories, and so on. I've managed and designed three or four large buildings from beginning (concept) to end (occupancy.) So it would be equally misleading for a potential client to come to our website and think that we'd only designed and built one project.

This, for me, is the issue: how to demonstrate the true breadth of our work and abilities, while remaining fair and ethical to former employers.

Oct 30, 10 12:46 pm  · 
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Distant Unicorn

Pony up and just do it.

They can't sue you until after they issue a cease-and-desist letter anyways.

Oct 30, 10 12:51 pm  · 
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farwest1

Good point, UG. But I'd still rather not have anyone contemplate sending that letter.

Oct 30, 10 2:18 pm  · 
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Distant Unicorn

Unless you make them sign a formal contract and you agree to some variety of compensation and payments of royalties for using work that is not 'yours,' there's not much else you can do.

You could claim satire but I don't think a judge will see the double-hipster-irony in satiring satire.

Verbal contracts, in this issue, simply will not cut it.

And asking someone else to sign a contract to not sue you is up there with someone having to contemplate sending that letter-- a.k.a. pain in the ass.

Oct 30, 10 2:46 pm  · 
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987654321

I think its a little tacky to show work you did at another firm, even if you attribute it to them, but I see it all the time from young firms. If you have done any work at all on your own, just show that. You could possibly provide a link somewhere to the other firm and projects but otherwise I think you should just let go. You don't have to show everything you have ever done on your website; you are probably just as likely to scare potential clients away as you are to bring them in, so keep it clean, keep it simple, and keep them wanting more. Then they will reach out to you.

Oct 30, 10 11:44 pm  · 
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