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.
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.
Last edited: