Legal Q&A · Construction & Development

As a developer, do I own the copyright in the design documentation?

Law as at 10 September 2026

Answered by , Czech and Slovak attorney, admitted to the Slovak and Czech Bars (SAK 300422 · ČAK 19654).

Short answer

Design documentation is protected by copyright if it constitutes a unique result of creative intellectual activity. A technical document or its designation as design documentation does not in itself attract protection. For a protected design, the author is the designer or architect who created it through their own creative activity. Commissioning a design gives you a licence to use it for the purpose arising from the contract, not unlimited rights. Other uses, particularly building the same design again or having another designer alter it, require a specific agreement; moreover, the author’s economic rights cannot be transferred.

Design documentation is protected under the Copyright Act (No. 185/2015 Z. z.) if it is a unique result of creative intellectual activity within the meaning of § 3. Protection does not arise merely because a document is described as a design: a technical solution or standard document may not constitute a copyright work. The following licensing rules apply to a protected work whose author is its creator—the designer or architect. The author has the right to use the work and authorise its use (§ 19). Crucially, the author’s economic rights are non-transferable and cannot be waived (§ 20(2)): you do not buy them “permanently”; you receive a licence for the agreed use.

What does commissioning documentation allow me to do?

For a commissioned work, the author is deemed to have authorised its use for the purpose arising from the contract; the commissioning party may use it for another purpose only with the author’s further consent (§ 91(1)).

There is an important distinction from software: the special regime under which the commissioning party exercises economic rights (the employee-work regime under § 91(4)) applies only to computer programs, databases and cartographic works, not to design documentation or architectural works. Commissioning a design therefore does not automatically confer the exercise of economic rights; it gives only a licence within the agreed purpose.

What to agree in the contract

To avoid disputes, expressly address the following in your contract with the designer:

  • the scope of the licence (exclusive or non-exclusive, territory and duration),
  • the right to reuse the design for further buildings (standard house designs or later phases),
  • the right to alter the design and have another designer complete it,
  • delivery of all supporting documentation and the designer’s site supervision.

We prepare contracts with designers and architects, including licensing arrangements, through our design documentation agreement and architectural study agreement services; we also address general licensing issues through copyright and licensing.

This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. We bought a house in a heritage zone. What can we do without involving the heritage authority? Less than people expect, depending on the regime. For a house in a heritage area, a regional heritage authority decision approving the proposed alteration is needed before new construction or alterations, even if the house itself is not a monument. In a buffer zone, a binding opinion is required instead; for a cultural monument, a decision on the restoration proposal is required. The common rule is: obtain the decision on the proposal first, then commission the design.
  2. We built exactly to the employer’s design and the works are defective. Are we liable? Yes, if you failed to warn that the design or instructions were unsuitable although professional care would have revealed this. The defence “we followed the design” is not enough: the Commercial Code exempts a contractor only where it warned the employer, who then insisted in writing on using the items or instructions. Work must be suspended as necessary until the employer decides. A provable warning and the employer’s written insistence are therefore crucial; the site diary is the natural place to record them.
  3. How do defect liability and warranties work under a construction contract? A construction contract between businesses is governed by the Commercial Code. The contractor is liable for defects present at handover. The employer must notify defects without undue delay after discovering them or when they should have been discovered, and within five years of handover for buildings. If a quality warranty is agreed, the warranty period replaces this period. Late notification does not, however, automatically extinguish the rights: the court considers the contractor’s objection, and the Act provides an exception where the contractor knew the cause of the defect.
  4. Can a contractor charge more than the budget for additional works? It depends on how the price is agreed. If it is fixed or set by a budget, more demanding work does not itself change the price. If the contract states that the budget does not guarantee completeness, the contractor may seek a reasonable increase for unforeseeable activities, but must notify them without undue delay or lose the claim. An increase exceeding 10 % allows the employer to withdraw from the contract.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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