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House / Home Plan Copyright - explain?

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wakeeater3780

Junior Member
What is the name of your state (only U.S. law)? WI

I am having some trouble understanding the copyright enforced on house or home plans. From my research I have gathered the following things (please correct me if they are inaccurate):

1) Copyrights on house plans can penalize up to $150k + legal fees if you violate the rights. (I've heard different numbers here but they are always > 100k - so lots of money)

2) Cannot create derivative works - which are defined as copying ANY part of another plan to make your own. (no 10% or X% change makes it your own)

3) Ignorance of a copyrighted work does not exclude you from the copyright law.

This is where I get very confused. Let's rewind time and pretend I'm the first creator of a house plan. I draw up plans for a home that is 50' by 30' and very plain and then copyright it in my name.

For the next person that comes along, how can I not claim he/she has created a derivative work of mine?

I'm a techie. What I'm trying to get at, is there *is* some sort of amount of change that makes something a "new" work or else the first person that copyrighted the first house owns them all. (I'm trying to say if #2 is completely accurate there is only one house plan in the world)

The trouble I have is that I want to design my own home, but obviously have looked at other houses in my life of which I plan on gathering bits and pieces from to make my own. What frustrates me is I feel that knowing the above 3 facts would exclude anyone from being able to copyright any new designs after the first one was created.

Take it a step further, house designers see a lot of houses. SURELY at some point they've taken bits and pieces from other homes they've seen.

Can anyone please help me define what designates a unique work? There is a lot of "negative" verbiage out there (you can't do this, or this, or..) but now what legal action am I left with? Also, does a unique house plan constitute the outer framework and shape of a house? The floor plan? The materials it's built with (vinyl siding, brick, log, etc) or a combination of everything?

Thank you in advance for anyone with the background to shed some light on this situation.
 
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divgradcurl

Senior Member
The answer to your question is simple. Copyright provides protection against copying. If someone independently comes up with something that is identical, or similar to, a copyrighted work, no infringement exists, because there was copying.

That said, the copyright owner may sue anyway, and the alleged infringer will have to prove that the work was created independently, without having seen the original, in order to prevail due to independent creation. This is different from patents, for which there is no independent creation defense.

Beyond that, copyright is limited to the creative aspects of a work. In architectural design, for example, having three bedrooms and two baths, nothing is creative there, so you couldn't have a copyright on such a general idea. Further, copyright covers only the creative aspects, and not the functional aspects of a work. In a design for, say, a rectangular door, perhaps carved panels or other ornate features could be copyrighted, but the size and shape of the door, and the placement of hinges, handles, etc., would not be copyrightable.

All that said, the layout of certain non-copyrightable components of a house into a single plan might be copyrightable, but someone else could use the same non-copyrightable components in their own design and wouldn't be infringing a copyright unless they used the same components in the same, or similar, way.

Those are the basics. Of course, if you have specific questions about your plans, you should talk with a local attorney who can review all of the facts of your situation and advise you accordingly.
 

wakeeater3780

Junior Member
Thank you for your post! I was starting to fear I wouldn't get any answers. I understand what you're saying, but I still don't think those 3 rules together allow for what you're saying. Technical jargon aside, I've decided that I might draw up my own plan as I think the rules are somewhat ambiguous and I'm now confident I'm not doing anything in the wrong.

Does anyone know what you need to draw up to obtain a copyright? Do you have to have general floor layout, measurements, and outside drawings? Do you need to have some form of formal blueprints drawn up?
 

divgradcurl

Senior Member
Thank you for your post! I was starting to fear I wouldn't get any answers. I understand what you're saying, but I still don't think those 3 rules together allow for what you're saying. Technical jargon aside, I've decided that I might draw up my own plan as I think the rules are somewhat ambiguous and I'm now confident I'm not doing anything in the wrong.

Does anyone know what you need to draw up to obtain a copyright? Do you have to have general floor layout, measurements, and outside drawings? Do you need to have some form of formal blueprints drawn up?
That's because the three "rules" you quoted do not, in any way, accurately reflect U.S. copyright law. Rule 1 is partially correct, but overstates the case -- that is the upper bound of statutory damages (the lower bound can be as low as $750), and fees are only awarded in exceptional cases of willful infringement, which means infringement that occurs after being told quite explicitly that you are infringing, and you continue to do so anyway.

Rule 2 isn't even close. In a copyrighted work, there are many pieces of a work that aren't, and cannot be, covered by copyright -- I alluded to some in my earlier post -- and anyone can use those pieces without fear of infringing copyright. Copyright is not a patent -- it doesn't give you the right to exclusively own a space.

And Rule 3 is absolutely wrong. Not only does copyright have an "independent creation" defense, it also has explicit statutory provisions for "innocent infringers."

If you want to draft your own plans under the assumption that the three "rules" you quoted are correct summations of copyright law, then you are certainly free to do so. But copyright law in reality is not anywhere near as rigid and overbearing as your three "rules" make it out to be.

Does anyone know what you need to draw up to obtain a copyright? Do you have to have general floor layout, measurements, and outside drawings? Do you need to have some form of formal blueprints drawn up?
There is no minimum. As soon as you put pencil to paper, your work (at least the creative aspects of your work) are covered under copyright law. Copyright is automatic. Once you have your blueprints in a more complete state, you can apply for a copyright registration, which gives you more options if you ever need to enforce your copyright -- but the underlying copyright itself is automatic.
 

wakeeater3780

Junior Member
Ok, I think I understand now. The first time I was reading about the independent creation portion, I wasn't fully comprehending the safety that was given to the creator of a new work.

I apologize for making you explain a few points again, but without the more in depth explanation that you gave I doubt I would have fully comprehended. Thank you very much for sticking with it and explaining to the degree that you have.
 

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