In an interesting appeal before the Second Circuit Court of Appeals, captioned as Scholz Design, Inc. v. Sard Custom Homes, LLC, Prudential Connecticut Realty, & Coldwell Banker Residential Real Estate, LLC, the Court held that the Copyright Act's protection of 'pictorial, graphic, and sculptural works' also protects architectural works from infringement. Therefore, graphical renditions of architectural work, before they are made into final construction drawings, which have sufficient detail to enable constructions of homes based upon them, also contain protected expression.
The pictures at issue in this case were front elevation drawings showing the appearance of the front of the houses surrounded by lawn, bushes, and trees.
This decision is huge for the architectural industry as it greatly expands our understanding of protected works for architects. Moreover, the decision highlights the risks that real estate companies face by promoting protected works on their sites without express permission. All brokerage houses should carefully perform due diligence on the sketches of buildings that they post on their websites before approving such a posting.
To read a copy of the decision, click here.
Friday, August 17, 2012
Follow Up to Last Night's CE Course Mortgage Mania at Newsday
We had a great course last night at Newsday for our local real estate agents called Mortgage Mania, where the students each earned 3 continuing education credits. While the slideshow was visible on the projected screen, some students inquired if I could re-post the links onto the blog as they couldn't see them on the handout.
So here goes:
I also wanted to thank Todd Triolo, our friend and mortgage expert, for his insights that he shared with the class as we learned.
Todd can be reached at DE Capital Mortgage, LLC | 124 E Main St | Babylon, NY 11702
MAC M6652-011 Phone (631)422-8288| Cell 631-834-9283| Fax 866-917-0776
So here goes:
Credit Scores- 3
Bureaus:
FHA: RULES
For HUD’s Latest Rate
Update:
I also wanted to thank Todd Triolo, our friend and mortgage expert, for his insights that he shared with the class as we learned.
Todd can be reached at DE Capital Mortgage, LLC | 124 E Main St | Babylon, NY 11702
MAC M6652-011 Phone (631)422-8288| Cell 631-834-9283| Fax 866-917-0776
Wednesday, August 15, 2012
Building is Up Nationally, Down Locally
Confidence for "newly built, single-family homes improved for a fourth consecutive month" says the National Association of Home Builders/Wells Fargo Housing Market Index when discussing the national trend.
To read the NAHB's press release, click here.
Unfortunately, the Northeast did see a significant decline in the same period. So we are left with mixed news at the Long Island Education Board. Let's hope that the national growth trend comes to town.
To read the NAHB's press release, click here.
Unfortunately, the Northeast did see a significant decline in the same period. So we are left with mixed news at the Long Island Education Board. Let's hope that the national growth trend comes to town.
Water Recycling Showers - Wow - What's Next?
A great article on Business Insider about the future of showers, click here, to read. This shower cuts water consumption by 70% by automatically filtering the used water. It is estimated that the shower's cost can be recouped in 3 to 4 years of savings on your water bill. Real estate professionals who are interested in being green should read this article as this technology is estimated to be less than a year away from stores & now is the time to start talking about this great advancement. Soon home purchasers will want to know if the listing has such a shower. What's next?
Tuesday, August 14, 2012
Suffolk Bar - Real Property Committee Meeting - 8/15/12 - 6:30pm
For all those interested, the Suffolk Bar's Real Property Committee will be joined by Peter Johnson, Esq., the Town of Smithtown Town Assessor to discuss the tax grievance process within the Town.
Thursday, August 09, 2012
Suffolk County's Economic Recovery is in the Sewer
As a real estate professional I am often faced with many people in foreclosure. I experienced the housing market slump live and in person. I know of the decline in the real estate industry in Main Street and I have a few thoughts about Wall Street. So, as you can tell, I have spent a lot of time thinking about how a recovery can be achieved and I have realized that the answer lies in the sewers. No, not as a metaphor for failure or as a depository for a magic bullet, but instead, I believe that the answer actually lies within the sewers. You see many businesses would like to open throughout Suffolk County, but they are stopped because of our lack of sewers. Just across the street from my law firm is vacant space that would make a perfect Starbucks or Hamptons Coffee Shop, but for the fact that the lack of waste water permits will prevent their opening. To solve this problem and enable economic growth locally we as a County need more sewers. In fact, to protect the water supply and to provide for generations to come we need more sewers. So, I point you all to the Suffolk County Sewer Study, click here, to learn more about the development of sewers in our County. I ask you all to contact your legislator and support the increase of sewers. I charge you with checking out the Village of Patchogue's model of development where sewers are ever expanding and to ask yourself, is the answer to our economic recovery in the sewers?
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