Copycats Beware!

Copyright infringement is not limited to MP3 files or DVDs, it also applies to construction plans.  Courts have found that an original design of a building embodied in any tangible medium of expression, including architectural plans or drawings, is subject to copyright protection.

Unhappy with a final bid price, an owner had sought out a second contractor and provided him copies of the original contractor's plans and specifications (after having first deleted the first contractor's name and address).  The second contractor provided a slightly lower price and was retained by the owner.  Nearly all aspects of the original contractor's plans and specifications were used by the second contractor during construction, including obtaining permits.

The court concluded that due to the protectable nature of the work, the owner was required to compensate the original contractor for its damages associated with the infringement.

One further issue is worthy of attention.  Drawings created after March 1, 1989, do not require a copyright notice to be protected.  Protection is granted once the work is fixed in a tangible medium (i.e., when the design professional draws the plans by hand or electronically). Therefore, the absence of a copyright notice or the lack of a registration with the Copyright Office does not necessarily mean that there is no copyright in the work.  Notwithstanding, providing proper copyright notice and registering works with the Copyright Office is an easy and inexpensive way to assert your rights.  Moreover, registering works with the  Copyright Office provides certain incentives such as the ability to recover up to $100,000.00 in statutory damages per infringement.

Article Concepts: construction plans, construction drawings, engineering plans, engineering drawings, copyright infringement.

 

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