copyright
Photo courtesy of Carpenter Homes
*Protect Yourself: All home plans are the property of the architect, designer or builder and may not be copied. Please ask permission before taking any photos.
Be aware of copyright laws when developing home plans Copyright infringement in home plans is nothing new, but instances seem to be increasing in the Fargo-
Prior to December 1, 1990, architectural structures
Moorhead area as it grows, and more residential
(buildings) could not be copyrighted. Only architectural
development happens. Just as the builder should ask
drawings received copyright protection. An amendment
questions about any drawing provided by a potential
to the Copyright Act changed that situation. Now, any
customer, it is the consumer’s responsibility to be
qualifying building constructed after December 1, 1990,
forthcoming about his or her plan’s origins.
is automatically copyrighted to the person or company
Some may ask, “How many changes do I have to make in
who “authored” the drawing or plan – for example, a
someone else’s work before it becomes my own design
builder, architect or lumberyard.
and I am no longer in danger of being sued for copyright infringement?” According to National Association of Home Builders
24
has been made to another’s copyrighted work.
Before using any floor plan that you have seen on paper or experienced by touring a home (even a friend’s home), be certain to find out its origins. Many times, a
Legal Research Department, the answer is simple:
builder will consider selling rights to a plan. If you don’t
You are not entitled to create derivative works from
know where the plan originated, the safest bet is to start
another’s copyrighted plans, drawings or buildings
from scratch. For the full story, visit www.hbafm.com.
without permission. The copyright law does not permit
Click “Build/Remodel,” then the “Copyright” menu under
usage of the design after a certain amount of changes
“Resources.”
Spring Parade of Homes 2018
www.hbafm.com