HARRISBURG – An architect is suing the City of Harrisburg and a Maryland engineering firm over claims the City appropriated his draft chapters for developing a new comprehensive land plan.
The Office for Planning and Architecture, Inc. and Bret Peters of Harrisburg filed suit in the U.S. District Court for the Middle District of Pennsylvania on June 5, versus the City of Harrisburg and Wallace Montgomery & Associates, of Hunt Valley, Md.
“On or about May 1, 2015, OPA and the City entered into a written agreement for the provision of professional land use and planning services...the City in the agreement agreed to pay OPA for its services in developing a new comprehensive land plan for the City. OPA rendered services under the Agreement by coordinating and facilitating a public planning process,” the suit states.
“Based on the public engagement information, OPA prepared draft chapters for a municipal comprehensive plan in accordance with the scope of work set forth in the City’s request for proposal and consistent with the chapters required for a municipal comprehensive plan under the state municipal code, specifically preparing, editing, formatting and illustrating Chapters for Land Use; Natural & Historic Resources; Parks, Civic & Open Space; Housing; Mobility and Access; Utilities; Economic Development; and Integration (work product).”
Peters authored the work product for the City with a non-exclusive license granted to OPA, but Peters says the City did not pay for the product in 2016 – leading to a deficit in payment for services of $109,754.84, as of Nov. 15, 2019.
Subsequently, in 2019, the City publicly issued Request for Proposal 2019-3, which solicited services to do the work Peters authored the plan for, referencing the work Peters performed. It eventually selected Wallace Montgomery & Associates for the job.
“Because the City has failed to pay for OPA’s work product, the City does not hold the rights to its use, and Wallace Montgomery has no right to use the same, whether originally or in derivative work. In issuing RFP 2019-3, the City infringed on OPA’s copyright by employing OPA’s work product under the Agreement for which it has not made payment,” the suit states.
“At all times, OPA has used the work product as Peters’ licensee and is authorized to enforce Peters’ copyright thereto. OPA is entitled to compensation for defendants’ past infringement of OPA’s work product. Current and ongoing infringement of OPA’s Work Product by the City and Wallace, Montgomery must be enjoined.”
For a count of violating the Copyright Act, the plaintiffs are seeking to permanently enjoin the City of Harrisburg and Wallace Montgomery & Associates, from further infringing its copyrighted work product and award damages for historical infringement, including attorney’s fees and costs of suit.
The plaintiffs are represented by Aaron D. Martin of Mette Evans & Woodside, in Harrisburg.
The defendants have not yet secured legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 1:20-cv-00920
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com