[TowerTalk] Calculations

[Jim Lux]

----- Original Message -----
From: "Michael Keane K1MK" <k1mk at alum.mit.edu>
To: <WarrenWolff at aol.com>
Cc: <towertalk at contesting.com>
Sent: Sunday, September 12, 2004 6:06 AM
Subject: Re: [TowerTalk] Calculations
> The non-recurring cost would also depends on whether the agreement
> accompanying the $250 included a transfer of copyright or a license to
> redistribute and reuse the results.
>
> Otherwise the PE  who did the work as a independent contractor
(consultant)
> owns the copyright to the results of his calculations and while whoever
> paid the $250 may have an implied license to use it, can't freely
> redistribute the results.
>

Mike makes an interesting point here..

In general, when you pay an architect or engineer to prepare drawings and
calculations, the architect or engineer retains ownership of the drawings
(essentially you get to "borrow" them forever).  There are two reasons for
this, one straightforward, the other a bit obscure.
1) The sealer is putting their license and professional reputation on the
line, and as such gets to maintain control over what happens to their work
product.
2) In California, if a transfer of tangible property occurs (i.e. you own
the drawings that the engineer made), then sales tax is due on the entire
amount of the work done, in the sense that the drawings are the physical
manifestation of the work that's done.   (Same applies to software
development, by the way).  The only situation where this isn't the case is
where the client provides all the materials for the drawing (or the blank
floppy disks, e.g.) to the engineer and the engineer's job is then purely
providing the service of writing on the customer's materials. (Services
aren't taxable in CA)