Sometimes it's tempting to purchase a plot of land and build a custom home. However, understanding the risks associated can help you avoid costly mistakes. One risk particularly is called copyright infringement.
Brokers, keep this in mind as you work with clients who are buying to retrofit or develop real estate.
Copyright infringement on architectural designs has recently
been addressed by the Second Circuit United States Court of Appeals on June 5,
2014 in the case James
E. Zalewski, Draftics, LTD. v. Cicero Builder Dev., Inc., et al.
Mr. Zalewski is an architect who licensed several builders
to use his architectural designs. He claims that these builders infringed on
his copyright by customizing his designs and building homes based on his
designs without his consent.
Mr. Zalewski points to the vast similarities between his
designs and the Defendants’ designs, arguing that these similarities prove that
the Defendants knowingly took from his work and infringed on his copyright.
However, the Court explains
that copying in itself is not grounds for copyright infringement. Mr. Zalewski
must not only prove that his work is copyrighted and that it has been copied,
but that it was wrongfully copied as well. The Court held in this case that the
Defendants’ designs, although similar, did not wrongfully copy from Mr.
Zalewski’s original designs. The designs were for a colonial home and colonial
homes can only be arranged in so many ways.
Ruling in favor of the
Defendant, Circuit Judge Wesley claimed, “Plaintiff can get no credit for
putting a closet in every bedroom, a fireplace in the middle of an exterior
wall, and kitchen counters against the kitchen walls. Furthermore, the overall
footprint of the house and the size of the rooms are ‘design parameters’
dictated by consumer preferences and the lot the house will occupy, not the
architect.”
Based upon this ruling,
a builder can use general designs without having to hire an architect.
Nonetheless, builders should always consult with an attorney prior to
using a design to ensure that no copyright infringement is occurring.
