Source:
https://www.floridatrend.com/article/28839/why-architects-designers-builders-and-homeowners-should-pay-attention-to-copyright-law
In 1990, the law was extended to protect not only the two-dimensional plans, but the three-dimensional house or building as well. Not every aspect of a building or plan is protectable, however. “Individual standard features” – features necessitated by functionality or cost, for example, are not protectable, and they don’t count in comparing the copyrighted work to the work claimed to be copied. For example, you don’t have to put the kitchen on the second floor just to make the house look different if it’s not practical.
It is perfectly legitimate to consider different builders, tour homes, and take notice of design concepts and features that appeal to you. However, if you receive or purchase plans, make sure you understand any limitations on your use and modification of those plans. It’s best not to work off a preexisting plan if you can. Even if a plan or a building doesn’t contain a copyright notice, it’s still probably copyrighted unless it’s older than 1924! That copyright is usually owned by the architect or builder, not the homeowner.
Over the past two decades, the law surrounding architecture has evolved significantly as courts have better defined copyright protection for architectural works. Allen, Dyer, Doppelt + Gilchrist has been involved in many of these disputes, working with architects, planners, builders and homeowners. Our work has been both in protecting clients’ designs, and in defending clients facing accusations of infringement. If you have questions, our firm can assist you in evaluating the issues and helping you resolve them.
https://www.floridatrend.com/article/28839/why-architects-designers-builders-and-homeowners-should-pay-attention-to-copyright-law
We’re all familiar with lawsuits over buildings – when they’re not done
on time, or the work is sloppy or negligent, or the products are defective –
but did you know you can also be sued for copyright infringement relating to a
building?
Since works of art were protected by copyright, and that’s been since at least the 1909 copyright law, architectural plans have been copyrightable. So if you visited a model home, picked up a copy of the floor plan, and copied it to build your own house, anyone who participated – builder, architect, designer, even the real estate agent and the homeowner – could be liable for copyright infringement.
Since works of art were protected by copyright, and that’s been since at least the 1909 copyright law, architectural plans have been copyrightable. So if you visited a model home, picked up a copy of the floor plan, and copied it to build your own house, anyone who participated – builder, architect, designer, even the real estate agent and the homeowner – could be liable for copyright infringement.
That’s true even if changes were made to the plan. Despite what many
people think, there is no rule that if you change at least 10%, you’re OK. If
the copyright owner can prove copying and the two sets of plans are
substantially similar, you may be liable for infringement.
In 1990, the law was extended to protect not only the two-dimensional plans, but the three-dimensional house or building as well. Not every aspect of a building or plan is protectable, however. “Individual standard features” – features necessitated by functionality or cost, for example, are not protectable, and they don’t count in comparing the copyrighted work to the work claimed to be copied. For example, you don’t have to put the kitchen on the second floor just to make the house look different if it’s not practical.
It is perfectly legitimate to consider different builders, tour homes, and take notice of design concepts and features that appeal to you. However, if you receive or purchase plans, make sure you understand any limitations on your use and modification of those plans. It’s best not to work off a preexisting plan if you can. Even if a plan or a building doesn’t contain a copyright notice, it’s still probably copyrighted unless it’s older than 1924! That copyright is usually owned by the architect or builder, not the homeowner.
Over the past two decades, the law surrounding architecture has evolved significantly as courts have better defined copyright protection for architectural works. Allen, Dyer, Doppelt + Gilchrist has been involved in many of these disputes, working with architects, planners, builders and homeowners. Our work has been both in protecting clients’ designs, and in defending clients facing accusations of infringement. If you have questions, our firm can assist you in evaluating the issues and helping you resolve them.
