Episode 42: Digital Files, Copyright, Patents and Licensing In Contracts

Описание: Summary:
Most land surveyors and professional consultants assume their digital deliverables are protected by copyright. They slap a © symbol on their drawings and reports and figure they're covered. But here's the uncomfortable truth: under US law, you cannot copyright facts — and most of what technical consultants deliver to clients IS facts. Coordinates, boundary lines, measurements, and data points are not protectable under copyright, no matter how much time and money went into collecting them.

In this episode, Landon Blake breaks down what actually protects your digital deliverables (spoiler: it's your contract language and licensing terms, not copyright law), walks through the practical file management steps that reduce your liability exposure, and explains the special risks that come with government contracts. If you've ever delivered a CAD file, PDF, or GIS dataset to a client and wondered what happens when that file ends up in the wrong hands, this episode is essential listening.

This is a detailed, technical discussion aimed at surveyors, engineers, GIS professionals, and other consultants who deliver digital work products. Landon shares real examples from his own practice, discusses a landmark 1991 Supreme Court case that changed everything, and offers specific contract language you can adapt for your own business. Whether you're a solo practitioner or running a growing firm, understanding these issues will help you price your work appropriately and avoid costly disputes.

Table of Contents:
0:00 — Introduction and episode overview
2:06 — Why digital deliverables create more liability than physical ones
4:46 — Real-world example: When CAD files and PDFs don't match
6:18 — The copyright misconception most consultants have
8:30 — Part 1: What copyright actually protects under US law
9:35 — The 1991 Supreme Court case that changed everything (Feist v. Rural Telephone)
13:45 — Part 2: How licensing protects your deliverables (not copyright)
18:22 — Key contract clauses for digital data ownership and use
25:16 — Part 3: Practical file management for liability protection
26:14 — Versioning, change tracking, and checksums
28:03 — File retention requirements and state law considerations
30:17 — Part 4: Common problems with digital deliverables
30:43 — Coordinate system mismatches and how they cause costly rework
32:32 — When your deliverables enable unlicensed practice
35:05 — Part 5: Special rules for government agency contracts
36:28 — Understanding "unlimited rights" and the Federal Acquisition Regulation
39:42 — California SB 496 and protections for licensed professionals
42:56 — Using non-reliance language to limit third-party claims
44:34 — Wrap-up and key takeaways

Connect With Landon Blake:
🌐 Website: https://www.landonblake.com
💼 LinkedIn:   / landonblake  
🏢 Redefined Horizons: https://www.rh-survey.com/
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