Introduction by Peter A. Piven, FAIA

The AIA first established a code of ethics in 1909. The code underwent major revisions in 1984 and 1997, and a modest revision was adopted this year resulting in the 2004 Code of Ethics and Professional Conduct (the Code). The Code is arranged in three tiers of statements: Canons, Ethical Standards, and Rules of Conduct. Canons are broad principles of conduct. Ethical Standards are more specific goals toward which AIA members should aspire in professional performance and behavior. Rules of Conduct are mandatory. A violation of a Rule is grounds for disciplinary action by the Institute. The most frequently invoked Rules are Rules 4.201 and 5.301. When these Rules are invoked, it is often because one member failed to credit another for his or her contribution to a project on which they had worked together.

The National Ethics Council (the NEC or Council) comprises seven AIA members appointed by the AIA Board of Directors to adjudicate and resolve claims of unethical conduct. Council members hear cases, interpret Rules, prepare recommendations for the Council to consider, write decisions and opinions that resolve and explain cases, and recommend changes to the Code and the Council’s Rules of Procedures.

As the preamble to the Guidelines, below, indicates, “Architecture is a profession in which design capability is prized and intellectual property is the most common proof of worth, in terms of talent and of experience. It is the nature of contemporary practice to be a collaborative team effort. The more complex the project and/or the more prolonged the design and construction process, the more individuals may lay valid claim to credit for some part of the Work. . . . Perhaps the most frequent violation of the AIA’s Code of Ethics is that of giving appropriate credit and recognition.”

Improper attribution of credit is an easy trap to fall into, even without clear intent. Because of the frequency of complaints in this area, and because of numerous “how to” requests, the Council undertook to write the accompanying Guidelines for the Attribution of Credit, completed and published in October 2004.

Guidelines for the Attribution of Credit

Introduction/Overview
Architecture is a profession in which design capability is prized and intellectual property is the most common proof of worth, in terms of talent and of experience. It is the nature of contemporary practice to be a collaborative team effort. The more complex the project and/or the more prolonged the design and construction process, the more individuals may lay valid claim to credit for some part of the work.
Perhaps the most frequent violation of the AIA’s Code of Ethics and Professional Conduct is that of failing to give appropriate credit and recognition. The National Ethics Council recognizes that these infractions are frequently due to an incomplete understanding of the Ethical Standards that direct Members in this area:
Ethical Standard 4.2 Dignity and Integrity: Members should strive, through their actions, to promote the dignity and integrity of the profession, and to ensure that their representatives and employees conform their conduct to this Code.
Ethical Standard 5.3 Professional Recognition: Members should build their professional reputation on the merits of their own service and performance and should recognize and give credit to others for the professional work they have performed.

Associated Rules of Conduct mandate required professional conduct:

Rule 4.201 Members shall not make misleading, deceptive, or false statements or claims about their professional qualifications, experience, or performance and shall accurately state the scope and nature of their responsibilities in connection with work for which they are claiming credit.
Rule 5.301 Members shall recognize and respect the professional contributions of their employees, employers, professional colleagues, and business associates.
These Guidelines address only Members of The American Institute of Architects. The National Ethics Council has no authority over the non-member practitioner. This document presents Guidelines for parties to use in structuring how to give attribution of credit. However, complying with the Guidelines does not eliminate the need for a Member to demonstrate that he or she has not violated the Code of Ethics in the event a Complaint is filed. Individual cases may present circumstances not explicitly covered in this document but still subject to the Rules of Conduct.

Guidelines
These Guidelines are recommended for Members making any oral, written, or graphic representation of their work. These representations may be for marketing, awards entries, submittal for Fellowship in the AIA, Web sites, general public relations, competitions, publications, resumes, or any other public or private representation of one’s work.

• An architectural project, built or unbuilt, involves any of the services provided by or under the direction of an architect.
• In analyzing attribution-of-credit issues, the National Ethics Council typically views the Architect-of-Record as the legal entity that has contracted for and completed the work in question. It can be a corporation, partnership, or an individual architect. If the Architect-of-Record takes credit for a project, there is no further need to define the role or state “Architect-of-Record.” Unless specific attribution is noted, it is assumed that the Architect-of-Record is making a representation of complete responsibility for a project including the design, the production of construction documents, and construction observation.
• A Member taking credit for a project or a specific role on a project other than as the Architect-of-Record must clearly define that role. In addition to the Member’s specific role, the Architect-of-Record must be acknowledged.
• It is not necessary to present a complete or exhaustive list of all the team participants. The acknowledgement of major team participants is recommended.
• Designation of the Member’s role and/or the Architect-of-Record must be obvious, plainly visible, and legible at the anticipated viewing distance. The reference text should be no less obvious that the text used to describe the project. The description must be specific enough to make clear the services the Member rendered on this project. In the instance of a mailer/postcard that shows only an image of a project on the front, it is necessary to give the appropriate credit on the other side. The Member shall not overstate, actually or implicitly, his or her involvement in a project.
• If attribution of credit is not previously defined in a written agreement, and to avoid potential conflict, it is recommended that Members open a dialogue between all concerned parties prior to making any representations.

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