Information Ownership

Has anyone had an issue over using survey data for purposes outside the original purpose? Can a surveyor even sell a survey to other people than the commissioner of it?

The basis of my question is if I collect a bunch of surveys, from my own work or gathered from other companies' records, could I sell them to another interested party?

Clients use survey information for other than the originally intended purpose all the time. It's what keeps surveyors awake at night.

Surveyors, generally, own the data and may reuse it for any purpose. Very occasionally a client will contractually limit that, but that is rare - and usually unenforceable any way. So yes, a surveyor can usually sell a survey of his own to a secondary party. 

As for selling another surveyors work - not so much. The original surveyor would own the data and have a copyright on the map. Even if you got the first surveyor to relinquish his rights there would still be some serious liability questions. When a client buys a survey he is paying for much more than a paper map or even a data file. A big part of what the client is buying is the surveyor's liability - and a right to access thesurveyor's E & O coverage if there is a problem that costs him money.

It is rather common for surveyors to buy the survey records of a retiring surveyor and use the data in future surveys.  

I keep getting told there are a lot of smaller survey firms with retirement-age owners looking to sell. I am assuming that as I develop professionally I'll be interested in acquiring those businesses and their data. My law studies never went into ownership of the survey, so thanks for the response. 

What I am also thinking about is the meta-data that could be created with a GIS using lots of smaller surveys. I would own the meta-data because I created it, but it would be a mess if I lost the rights to the source information. 

Ok - First off, I'm not an attorney - And I don't play one on television either.

I believe that under basic contract law, a service is a one time product/service rendered to the client for a negotiated fee. Unless the service/product is a "service for hire" meaning that the product/service will remain property of the client.

Most (all) surveyor's that I know, retain the original work and provide the client a certified copy of the original.

The work remains as an intellectual property of the surveyor and the ownership of the surveyor.

The owner of the intellectual property can do with it as he chooses.

BTW - I have often given and/or sold copies of field notes, plats, maps and drawings that I provided years in the past.
Never once has it been an issue.

Later,
Ron - Copls.com

Whatever the terms of your contract with your client, there remains the question of your professional responsibility and in some states that will extend beyond the term of the contract. Thus, just as your doctor is not free to sell your medical information after he's done with you and you've paid your bill, your client may retain some privileges, including the right to confidentiality.

The applicability of this principle seems to vary from state to state. Maine's standards of professional conduct state that "a licensee shall not reveal information which has been designated as confidential by the client or employer without the prior informed written consent of the client or employer, except as authorized or required by law." So in this state at least you could face board discipline in some cases if you're selling survey data as though it were your exclusive intellectual property.

Consider what happens in states with mandatory recording laws.

Also, "generally" speaking the surveyor owns the working documents, the client owns the deliverable. The question becomes, what is a different deliverable? You might want to consider what ALTA means by a recertification, and when it is applicable.

On any work that is considered "confidential", what is actually confidential?

Certainly anything the client designates as confidential would be considered as such (around here) unless it's been recorded. Upon recording it becomes public information.

If (as is usually the case) the client hasn't made any explicit designation then most surveyors in my area use common sense -- a big ongoing project will get treated differently from a house lot done for a client who's sold it and moved away.

Surveyors around here are pretty good about sharing information but it's quite common to be told "I'll have to check with the client first" and, on occasion, "love to help you but the client has asked me to withhold everything."

Knud Hermansen, makes some good points in the following linked article.

http://www.umaine.edu/set/svt/Articles/CopyrightBasics.pdf

Yes, that was a good article.

Here is an idea: what if the fee I charge a client is for costs and profit of the actions I take to perform the survey and I state that the final product, and any of the intermediate products, belong to me. The client who paid for the survey would have access to it, and I would be able to use it for other purposes.

I think of it like renting out equipment, except its information. Build it once and then find people interested in paying for it. This also parlays into my idea of creating surveys in advance of a client asking for it, like planting crops or developing a new flu vaccine.

You should always be working with a contract. Your E&O carrier will demand it. The portion of our standard contract that deals with the ownership of the data is as follows:


K.     REUSE OF DOCUMENTS
All documents including reports, drawings and specifications prepared or furnished by the Consultant pursuant to this Agreement are instruments of service with respect to the project and the Consultant shall retain an ownership and property interest therein whether or not the project is completed.  Such documents are not intended or represented to be suitable for use or reuse by the Client or others on the project, on extensions of the project, or on any other project without Consultant’s participation.  Any reuse without written verification or adaptation by the Consultant for the specific purpose intended will be at the Client’s sole risk and without liability or legal exposure to the Consultant and the Client shall defend, indemnify and hold harmless the Consultant from all claims, damage, losses and expenses including attorney’s fees arising out of or resulting therefrom.  Any such verification or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant.

Mark:

Below is a paragraph from my work order that I have used since 1985 with modifications made in 1997 & 1998. As you wil note, what you have is pretty much similar to what I have been using for  several years.

OWNERSHIP OF DOCUMENTS

All documents, including but not limited to, drawings, plans, plats, maps, field notes, computer printouts, computer disks, specifications and reports prepared by the PROFESSIONAL under this agreement, are the property of the PROFESSIONAL. They have or will be prepared for the specific use of the CLIENT for his designated employees, agents or subcontractors, in the connection with the performance of construction or development work upon the described real property. The said documents are not intended or represented to be suitable for reuse by the CLIENT or others on extensions of this project or other projects. In the event CLIENT shall use the stated documents or deliver the same to a third party for use upon extensions of this project, or other related or unrelated projects without first obtaining the written consent of the PROFESSIONAL, CLIENT agrees to indemnify PROFESSIONAL from any and all liability, loss or damage PROFESSIONAL may suffer as a result of claims, demands, costs, including reasonable attorneys fees or judgments against it arising from the above stated unauthorized use of the documents.

In no event, due to the possibility of modifications or alterations thereto, will the PROFESSIONAL furnish to CLIENT, his subcontractors, other professional or design professionals employed by him, a computer disk of any CAD Generated Drawings, Plans, Plats, Maps or other such documents. The PROFESSIONAL will furnish to CLIENT a paper (hardcopy) copy or copies of such Drawings, Plans, Plats, Maps or other such documents, excluding therefrom the furnishing of any computer printouts, computer disks and field notes. Each copy of said documents shall have on the face thereof the original sealed, dated and signed signature of the PROFESSIONAL. CLIENT understands that any photocopying, scanning or other means of reproduction of said documents for furnishing to third parties that do not bear the original (not photocopied) seal, date and signature of the PROFESSIONAL renders said documents null and void and shall terminate all liability of the PROFESSIONAL.

CLIENT further understands that the work conducted and resulting Drawings, Plans, Plats, Maps, Computer Printouts, Computer Disks, Field Notes or other supporting documents are a "WORK MADE FOR HIRE" and the OWNERSHIP OF A COPYRIGHT, IF AVAILABLE, VESTS IN THE PROFESSIONAL.