Re:Actors take to the internet to show their residual checks...
by eesmith on Sunday July 30, 2023 @02:44AM
(#36928522)
Your analysis is incomplete. The value you've derived from your house is a subset of total value derived from the process of constructing your house.
Did you have an architect design the house?
If so, who owns the copyright for the design: you or the architect? For example,
AIA Document B105TM – 2017 "Standard Short Form of Agreement Between Owner and Architect" says "The Architect shall retain all common law, statutory and other reserved rights, including the copyright".
This means the architect could make a new house which is a copy of your house, or (more importantly) re-use architectural elements in other houses.
If you negotiated that you own the copyright, how much more did you pay the architect? Did the architect still got a royalty-free, non-exclusive, worldwide license to use parts of the plans elsewhere?
Even if you didn't have an architect, you must surely realize that others do hire architects to design their house.
By narrowing the analogy to just the builders and the rental of a single physical structure, your analysis necessarily excludes copyright issues which are much more directly relevant to the current negotiation.
The set caterers aren't negotiating for residuals either.
Did you have an architect design the house?
If so, who owns the copyright for the design: you or the architect? For example, AIA Document B105TM – 2017 "Standard Short Form of Agreement Between Owner and Architect" says "The Architect shall retain all common law, statutory and other reserved rights, including the copyright".
This means the architect could make a new house which is a copy of your house, or (more importantly) re-use architectural elements in other houses.
If you negotiated that you own the copyright, how much more did you pay the architect? Did the architect still got a royalty-free, non-exclusive, worldwide license to use parts of the plans elsewhere?
Even if you didn't have an architect, you must surely realize that others do hire architects to design their house.
By narrowing the analogy to just the builders and the rental of a single physical structure, your analysis necessarily excludes copyright issues which are much more directly relevant to the current negotiation.
The set caterers aren't negotiating for residuals either.