Who owns the data?

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steves01x
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Re: Who owns the data?

Post by steves01x »

Certain frameworks we have worked on clearly state they want and will own all the data, raw, registered, reg & traverse reports, calibration certificates of all kit etc right down to the properties from each scan showing the serial number of the scanner (that was painful in Cyclone as its a manual task per set up :lol: ).


But as others have said some folk just want it for a look - no problem, i can FTP it over.... imp file is 500gb or the e57 files total size is close to 1tb, which would you like and how are you going to open it? :roll: :D

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Re: Who owns the data?

Post by gsisman »

landmeterbeuckx wrote:
Tue Jun 30, 2020 2:13 pm

If they want a plan, weather it is 2d or a bim, i "use" the scanner to make a pointcloud for me to work with.
If they want extra data they should pay for this. If they want the pointcloud they should pay a fee for it. I could measure it traditionally and with a total station no one would ask for the raw data.

I work for a D.O.T. and our contracts say all electronic files, supporting documentation (Deeds, plats, CAD Files, even hard copies of field collector files, sometimes the RAW field collector files if you are collecting data for us using your equpment-for our processing, etc if not available online) as well as the RAW data. We pay for every minute that is spent on the job. Companies are allowed a standard overhead to cover costs of their technology cost to do business. We may be different than a standard B2B business deal,being a taxpayer funded organization, but everything you produce for us is ours, except for your company border, trademarks or seals. If you don't deliver, then you don't get on our consultant list, or you get cut off projects. But that is in the contracts. Many consultants think it just means PDF files ,but it doesn't.

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Re: Who owns the data?

Post by dhirota »

gsisman wrote:
Wed Jul 01, 2020 2:18 am
....

I work for a D.O.T. and our contracts say all electronic files, supporting documentation (Deeds, plats, CAD Files, even hard copies of field collector files, sometimes the RAW field collector files if you are collecting data for us using your equpment-for our processing, etc if not available online) as well as the RAW data. We pay for every minute that is spent on the job. Companies are allowed a standard overhead to cover costs of their technology cost to do business. We may be different than a standard B2B business deal,being a taxpayer funded organization, but everything you produce for us is ours, except for your company border, trademarks or seals. If you don't deliver, then you don't get on our consultant list, or you get cut off projects. But that is in the contracts. Many consultants think it just means PDF files ,but it doesn't.
Steve

Our firm has completed work for the State of Hawaii DOT (HDOT) and the Pacific military over the last 57 years. In most projects we have fortunately been selected because of the technology that we use to complete what is being accomplished in a unique workflow to produce in many instances, standard requirements for design and construction.

Unfortunately, I do not have the time to discuss copyright law of the USA in detail, although I was peripherally involved to the US Supreme Court in one case.

The short story on all this is we do not disclose workflow to any clients; we keep copyright on all created work products; we license information to clients; and we furnish the agreed upon finished products to clients. We have negotiated three military contracts and 3 significant HDOT contracts with the above provisions included in the contracts in the last three years.

If you do not get your vision for your work, then it is time to walk like we did 4 years ago from a US$100K contract with a municipal agency that wanted to steal everything from us (there are more government attorneys that think it is OK).
Dennis Hirota, PhD, PE, LPLS
[email protected]

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