Interesting Ethics Find

November 22, 2010
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Posted by Larry P 

I am preparing to teach a class at the North Dakota Society Fall Conference in Bismark.  While reviewing the ND code I found this interesting little goodie.

28-03.1-01-15.4  Designs, data, records, and notes made by a registrant and referring exclusively to the employers work are the employer's property.

That raises some interesting questions in my mind.
  1. Would that bar a surveyor from sharing copies of non-recorded maps and reports with others?  Other clients?  Other surveyors?

  2. If you gather topo data for Client A does the code bar you from reusing that data for anyone else without getting permission or even buying the data back?

  3. If you do a topo survey for Client A, then a few years later Client B owns the property and wants you to do some design work based on the previous topo work do you have to re-gather all the field data or ask Client A for permission to use the data since it is technically their property?

  4. Could the surveyor and the client agree in a contract that this provision of the ND law does not apply to a specific project?
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