Smart & Biggar LLP

09/18/2026 | Press release | Distributed by Public on 09/18/2026 09:15

Jennifer Boothby and Noel Courage examine software copyright ownership in the construction industry

Smart & Biggar's Jennifer Boothby and Noel Courage recently co-authored an article for the Ontario Bar Association with Andrea Lee of Glaholt Bowles LLP. The article examines the growing role of software in the construction industry and the intellectual property issues that can arise when ownership is not clearly addressed.

In Software and Copyright Ownership Issues in the Building Industry, the authors explore how modern construction projects increasingly rely on software, such as building information modelling (BIM). As software becomes more integral to the design, operation and maintenance of buildings, questions surrounding copyright ownership and licensing are becoming increasingly important.

Unlike ownership of physical infrastructure, ownership of software is not always transferred with a building. As the authors note:

"Parties should not assume that ownership of software follows ownership of the building. Copyright in software is a separate legal right that should be expressly addressed in project agreements."

Read the full article on the Ontario Bar Association website.

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