House Plans Copyright Infringement

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House Plans Copyright Infringement Blueprint Blooper Floor Plan Copyright Infringement Requires Virtually Identical Copying by McDermott Will Emery of McDermott Will Emery IP Update Thursday May 6 2021

Reuters The 8th U S Circuit Court of Appeals on Monday reinstated copyright claims brought by home designer Charles James against real estate companies that allegedly made floor plans Owning a copyright grants you the exclusive rights to i copy the plan ii produce other custom plans off of the original plans and iii most importantly build the plans By owning a copyright you and you only control it

House Plans Copyright Infringement

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January 27 2017 by Scott Swanson Can I get a copyright in house plans or building plans The short answer to this question is yes However the copyright only extends to those elements of the buildings plans that are original Determining what is an original element can be a complicated legal question While a It is illegal to make physical copies of a house plan without the permission of the designer If you need additional sets of plans they can be purchased from us Why Can t I Modify The Plan Many people think that if they do not reproduce the plan exactly then they are clear of any risk of infringement This is not true

1 House plans are protected as intellectual property under Federal Law and violations are subject to severe financial penalties 2 It is against Federal Law to either copy or modify a design displayed on this site without the purchase of the appropriate license or written permission 3 COPYRIGHT INFRINGEMENT CARRIES THE RISK OF ENHANCED DAMAGES ATTORNEYS FEES AND COURT COSTS Under certain circumstances the copyright owner may be entitled to receive statutory damages

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To infringe house plans More than similarity Is required says court The US Court of Appeals for the Seventh Circuit has affirmed a lower court s entry of summary judgment against the plaintiff in a case of an alleged infringement of floor plans finding that only a virtually identical design would infringe the plaintiff s thin copyright Home Plans are COPYRIGHTED Donald A Gardner Architects Inc and or Donald A Gardner Inc designed and hold the copyrights to the pre designed Plans on this web site The purchase of a Review set does not provide a license to build the house These sets are intended only for review and quote purposes

To register an architectural work check the box marked architectural work in the author created field on the Authors screen To register the design of a building or other structure you must assert only a claim in the architectural work Do not select any other options such as 2 D artwork text or technical drawing Signature Construction Inc Case No 19 2716 7th Cir Apr 23 2021 Sykes J Design Basics described bluntly by the Seventh Circuit as a copyright troll holds copyrights in thousands of floor plans for suburban single family homes Design Basics sued Signature Construction Signature for infringement of 10 of its designs

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Floor Plan Copyright Infringement Requires Identical Copying

https://www.natlawreview.com/article/blueprint-blooper-floor-plan-copyright-infringement-requires-virtually-identical
Blueprint Blooper Floor Plan Copyright Infringement Requires Virtually Identical Copying by McDermott Will Emery of McDermott Will Emery IP Update Thursday May 6 2021

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8th Circuit revives copyright dispute over house floor plans

https://www.reuters.com/legal/transactional/8th-circuit-revives-copyright-dispute-over-house-floor-plans-2021-08-16/
Reuters The 8th U S Circuit Court of Appeals on Monday reinstated copyright claims brought by home designer Charles James against real estate companies that allegedly made floor plans


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House Plans Copyright Infringement - January 27 2017 by Scott Swanson Can I get a copyright in house plans or building plans The short answer to this question is yes However the copyright only extends to those elements of the buildings plans that are original Determining what is an original element can be a complicated legal question While a