@jacavell?ÿ ?ÿExcellent post, as always, Tony!
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I would only add that the client doesn't have a long term right to paper copies of any work product.?ÿ ?ÿI've had too many people come back 10+ years after a survey and try to demand copies.?ÿ ?ÿ
From an old geezer being succinct
My private clients approve a contract that they own the plat that is delivered to the only. My county work is owned by the public
@andy-j?ÿ
I agree.?ÿ We aren't the forever repository for their own records.?ÿ And for subsequent owners, "I've no recollection of that particular survey"
Just had someone ask for a copy of a survey from a few years ago.?ÿ Our folder just contains a page of client contact and job details, nothing else there or in CAD.?ÿ Apparently, we must've given him a price and he went with someone else, but he's sure it was us.
Tony Cavell puts it very well. The surveyor owns the data. The clients gets use of it, typically in the form of a map.
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Contractually our clients own the records. I disagree with this policy but I am not the owner. Interestingly, we destroy records over 7 years old in accordance with a State records retention statute. When I ask the owner how we can destroy records we don't own I get no reply other than the reference to the statue... Another thing that makes me glad I'm not an owner...
The NCBELS Attorney stated to me personally that there is no Copyright on survey maps in NC. Some Surveyors in NC state on their maps that they are copyrighted, but legally they are not.?ÿ
ALL graphic creations are copyrighted by Federal law - state laws cannot supercede that.
Yes. I have read the article. Among other things the article states that Facts such as measurements cannot be copyrighted. However, original works can be. I take that to mean boundary and topo maps themselves cannot be copyrighted according to the Federal Copyright Act. But designs can be copyright material.?ÿ
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Measurements themselves cannot be copyrighted, but their graphic representation is automatically copyrighted upon creation by Federal law.
I'm probably going to get flamed for this, but.........if land surveyors are dead set with strong feelings about copyrighting their work, they're in the wrong profession.
Not by me you won't.?ÿ The public benefits when information is shared.?ÿ I thought it was a joke when I first heard of Surveyors copyrighting their work.
I've spent time in many offices (14 at last count) during my career and not one of them kept records that were worth copyrighting. Several kept and archived files but they amounted to mashes of disconnected printouts. And digital data organization such a mosh as to be unusable. This is a recording state so final survey results are public record and regularly used. But reuse of the actual field data, not so much. IMO there is a big opportunity there being missed by practically everybody.?ÿ ?ÿ
When I ask the owner how we can destroy records we don't own I get no reply other than the reference to the statu(t)e...
I suppose you could argue that it was abandoned property after all that time. Shouldn't you be charging a storage fee for retaining the property of others??ÿ Nevertheless, it does seem like a poorly thought out policy.?ÿ
And for subsequent owners, "I've no recollection of that particular survey"
"There was a fire/flood/vandal/snakes/hard drive crash/ransomware attack last year and those records are lost. I do have the original field notes and data and could recreate your survey map, but that would be some work and there will be a fee for that."?ÿ?ÿ
