Since the early 2000s, Building Information Modelling (BIM) has become an increasingly popular workflow process in the architecture, engineering, and construction industry (AEC industry). In particular, digital 3D modelling BIM software enables a high degree of collaboration between participants in a building project. BIM software allows architects, engineers, and contractors on a building project to add information and components to a single digital 3D building model. As new components are added to a BIM model, the entire model will update to reflect the new information.
While the rise of BIM software has allowed greater efficiency and collaboration in the AEC industry, it has also given rise to questions regarding copyright ownership: Who owns the copyright in a BIM model? What rights do collaborators have to use and modify the information in a design made using a BIM model?
In Canada, the Copyright Act sets out a legal framework for copyright ownership, that can be modified by contract. Automatic copyright protections exist for many original artistic and literary works, subject to exceptions such as designs for certain mass produced articles. Artistic works cover many AEC work products, such as drawings, plans, photographs, models, and architectural works. There can also be multijurisdictional issues for international projects, but this article will focus on Canada.