Author rights with a student version

[Anonymous]

Good morning, I am an Architect and Master student I am finishing my internship at some company in France, the project of this internship was about designing some special house prototypes, as I am enjoying a student license of Revit 2017 I used it to produce those designs, now that I have submitted my project to the company they decided to use it further beyond the internship program and commercialise it , in my internship contact an article that lists clearly themoral and financial rights of the student in the case he creates work that  is subject to the french intellectual property law, I consider claiming my rights as an author for those designs, but my question it , are there any potential conflict between those rights and the student license of Autodesk? Thank you

[michele.mk · Accepted solution]

Hello @Anonymous,

First things first: the company cannot claim nor use the design that has been created with the Student license of any Autodesk Products. As you will see under the following link, drawings generated with the Student license cannot be used for commercial purposes:

Terms of use Education

Output and other data created with Offerings made available under Education License Types may contain certain notices and limitations that make the Output and other data usable only in certain circumstances (e.g., only in the education field). In addition, if You combine or link work product or other data created with such Offering with work product or other data otherwise created, then such other work product or data may also be affected by these notices and limitations. Autodesk will have no responsibility or liability whatsoever if You or any other person combine or link work product or other data created with such Offerings with work product or other data otherwise created. In addition, You will not remove, alter or obscure any such notices or limitations.

This means, that regardless of any property law, if the company wants to use your design it has to be recreated (completely new) in a commercial/paid license. It is not possible to transfer nor to change the data from the student version to the commercial one. You would have a watermark saying "Education" showing on all drawings.

As long as you or the company recreate the design in a paid/commercial license, you can claim property according to the agreement you have with the company or the french property law.

I hope this is helpful for you.

Best regards,

Michèle

[Darin.Green]

@Anonymous In addition to @michele.mk response...

You are not allowed to use an educational version at the company where you did your internship. It's against the licensing agreement.  That company is required to purchase a license for your use during the internship.

If you worked on any of their drawings, they will also have the watermark once you've saved them, putting them in a worse situation then just worrying about the model you created.

[michele.mk]

Hello @Anonymous, @ @Anonymous,

thank you for the reply, allow me to be more precise on one point:

Student licenses can be used within an internship as long as the license is used in the purpose of learning how to use the software solely. A Company can give you drawings to teach you how to draw and use AutoCAD (i.e.) and for you to practice. Drawings used with the student software cannot be used again after you have worked on it from the company for commercial purposes. This is against the agreement. As Darin as pointed out already. 

The company can apply for a student license in order to teach it to their apprentices and have to register accordingly for this over the Education page. They have to be qualified as stated on the Education Terms of Use page:

"Other Authorized Education User" means a user described in the Education Terms or as otherwise authorized in writing by Autodesk

Education Users may only use Education Offerings for the following “Educational Purposes”: (1) if You are a Qualified Educational Institution, Faculty or Other Authorized Education User, You may access and/or use the Offering solely for purposes directly related to learning, teaching, training, or research and development as part of the instructional functions performed by a Qualified Educational Institution or an Other Authorized Education User and (2) if You are a Student or an individual Other Authorized Education User, You may access and/or use the Offering solely for purposes directly related to learning, training or research. You may not access or use the Offering for commercial, professional or other for-profit purposes. You may be required to show proof of eligibility if requested by Autodesk.

You are not allowed to use your own Student software to work on project in a company. You are allowed to use it only for your studies.

Was this internship a paid one? Or are you a registered Student and the internship is registered as part of your studies? You need to clarify this points before taking any further actions. If you wish I can help you get in touch with the legal department to avoid any future issue (just send me a private message).

Best regards,

Michèle