Replicating a builders floor plan

[kjcba8101]

hypothetical question-if my wife and I wanted to replicate our floor plan and build this house all over again (builder owns the plan and we would pay an architect to draw it), would we be legally within our right to do so? The way I would see it is this-we paid the architect for the plan, so we are the legal owner of the plans and we are free to do whatever we want. True or untrue? TIA.

 

[N. Pappagiorgio]

You s

hypothetical question-if my wife and I wanted to replicate our floor plan and build this house all over again (builder owns the plan and we would pay an architect to draw it), would we be legally within our right to do so? The way I would see it is this-we paid the architect for the plan, so we are the legal owner of the plans and we are free to do whatever we want. True or untrue? TIA.

You are most likely not the owner of the plans but you should review your contract with the builder and architect.

 

[hollywood]

Unless it's a "work for hire" (typically stipulated in the contract with the designer/architect) you cannot simply duplicate it and use it to build a new house without potentially running afoul of Copyright Laws.

17 U.S.C. Sec 101 (definitions): "An “architectural work” is the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features."

17 U.S.C. Sec 102:
102. Subject matter of copyright: In general28
(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: (1...7) 8. Architectural Works.

 

[kjcba8101]

Unless it's a "work for hire" (typically stipulated in the contract with the designer/architect) you cannot simply duplicate it and use it to build a new house without potentially running afoul of Copyright Laws.

17 U.S.C. Sec 101 (definitions): "An “architectural work” is the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features."

17 U.S.C. Sec 102:
102. Subject matter of copyright: In general28
(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: (1...7) 8. Architectural Works.

So if someone were to modify the plan to some degree, a person would avoid this problem? I assume there's some gray area that exists there.

 

[hollywood]

So if someone were to modify the plan to some degree, a person would avoid this problem? I assume there's some gray area that exists there.

There would be some element of "intent" that would be at question. But if you are basically "copying" something, remember that's the first part of "Copy" Right.

Buying off-the-shelf plans from a designer like Fillmore/Chamber associates in OKC would cost far less than litigation. They also typically can modify any of their plans if you want some changes. I worked there back in high school and they've got to have literally thousands upon thousands of plans to choose from at this point.

 

[OSUIvan]

have you called your old builder to ask if you can buy the plans from him?