Browse Forums Building A New House Re: Copywrite for floorplans 21Feb 08, 2009 3:26 pm i dont think vivica7604 is a large builder copying a design to sell to others for profit. Which without reading those cases are probably what they are about Blog - http://snakedr.blogspot.com/ Build Thread - viewtopic.php?f=31&t=12084&p=307406#p307406 Status - PCI 15/10. Things nearly done. Re: Copywrite for floorplans 22Feb 08, 2009 3:45 pm billdsl i dont think vivica7604 is a large builder copying a design to sell to others for profit. Which without reading those cases are probably what they are about I'd say you're right that vivaca7604 is not a large builder. But by anyone being able to build a big builder's idea with another builder, the owner of those ideas (the big builder) is losing business and therefor profit. And as we are all well aware, that is their bottom line. It is probably only a matter of time before one of the big builders get jack of it and take on an individual just to prove the point and stop the practice from happening at all. And as already has been discussed, they will win. It will stop it happening and people will either have to build with the owner of the "idea" or build something completely different. Many will choose to build with the volume builder because the design is what they want. So in effect, it will protect their profit, as well as their copyright. After the Barret Property Group win, I don't think the case against the individual is far away. Everyone has to decide if they want to run the risk of being the little person they prove the point with. I know I wouldn't. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: Copywrite for floorplans 23Feb 08, 2009 3:49 pm Individual cases are here now... mostly settled out of court, the going rate is $50,000.
Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: Copywrite for floorplans 24Feb 08, 2009 6:09 pm It's simple.
Start will a blank sheet of paper and design your ideal floorplan. Go wild and make it everything you want. There's plenty of time later to trim and make it fit. Wen you get stuck look at any design out there for inspiration. Then continue doing your floorplan. When you're done, take it to a architect, building designer or draftsman and ask them to make it work. You can visit as many display homes as you want and "steal" any of their ideas. Just incorporate the idea. Do not copy and paste the floorplan. That's basically what I did and I'm very happy with my design. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Copywrite for floorplans 25Feb 08, 2009 8:06 pm Thank you everyone for your helpful advise I'm not a builder I just saw a floorplan and wanted to change things on it, add some things and change some rooms around, but by reading this I can't do a thing, but so many houses are and floorplans are alike in one way or another Re: Copywrite for floorplans 26Feb 08, 2009 8:55 pm Just be careful what you do from now on, you have already started leaving your trail of copyright infringement, as we all know, the builders read this forum. Re: Copywrite for floorplans 27Feb 08, 2009 8:58 pm well not enough, listening to some of the horror stories Blog - http://snakedr.blogspot.com/ Build Thread - viewtopic.php?f=31&t=12084&p=307406#p307406 Status - PCI 15/10. Things nearly done. Re: Copywrite for floorplans 28Feb 08, 2009 9:14 pm raw29983 Just be careful what you do from now on, you have already started leaving your trail of copyright infringement, as we all know, the builders read this forum. I have left no trail of copyright infringement, this is not the case I asking advise as many people have told me different things, and i just wanted to be safe and knowledge behind me, I have just seen a floorplan that I like and want to change it Re: Copywrite for floorplans 29Feb 08, 2009 9:20 pm billdsl well not enough, listening to some of the horror stories touche - I thought maybe they were allergic to this site! A thankful person is a happy person. [/color]My hobby design blog: http://aviewondesign.blogspot.com/ Re: Copywrite for floorplans 30Feb 08, 2009 9:52 pm ed @ EcoClassic thanks for the link they are most helpful Re: Copywrite for floorplans 31Feb 08, 2009 11:17 pm well, if the elevation is not the same then who cares the interior design same with other builder.
Builder will not walk into every house that under construction to check if the house plan the same or not. So if your elevation is not the same then no one knows. Re: Copywrite for floorplans 32Feb 08, 2009 11:31 pm noidea well, if the elevation is not the same then who cares the interior design same with other builder. Builder will not walk into every house that under construction to check if the house plan the same or not. So if your elevation is not the same then no one knows. Yeah no-one will know.......... except for every tradie that works on your house and may get a nice earner for dobbing you in. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: Copywrite for floorplans 33Feb 08, 2009 11:36 pm noidea well, if the elevation is not the same then who cares the interior design same with other builder. Builder will not walk into every house that under construction to check if the house plan the same or not. So if your elevation is not the same then no one knows. Not likely to ever get caught in this instance but still risky, as its relatively easy to pick a layout by looking only at the internal framing from the outside. Theres no way you can stop people from looking (from the street of course) into the house at the frame stage and if your building in a busy estate with lots or work going on you might be the unlucky bugger who's just started putting the frame up down the road or even next door to that particular volume builders next project. SS recognises the design and the rest is potential chaos. You'd be pretty unlucky but i wouldn't risk it. Re: Copywrite for floorplans 35Feb 09, 2009 3:29 pm Hi,
I hadn't replied up until now as I wanted to do some research first and refresh my copyright knowlledge. Yes I am a lawyer but this is not legal advice so go see a lawyer yourself for an expert opinion. Take a look at this judgment when PD sued Carlisle and won: http://www.austlii.edu.au/cgi-bin/sinod ... tml?query="barrett%20property" Saying that you can change 10% and then not get into trouble is just plain rubbish and bad advice. In this case the houses were approx 70% different yet PD won the court case. The alfresco design was held to be a substantial part of the design and held to have been copied. Please also note the copying was not identical - it was mirrowed, doors were moved etc but the origin was still there. Lesson - don't take copyright advice from forum members who don't know the law - otherwise you will get into big trouble. If you have found a plan with a great concept and you want to use that concept then you are most likely to be breaching copyright. Dale. Building the Monaco 32 with Carlisle Homes Check out our blog for photos and progress reports: http://www.beigefreehouse.blogspot.com . Re: Copywrite for floorplans 36Feb 09, 2009 3:47 pm Also just to update the PD situation - it seems they are suing M3tricon still:
http://www.austlii.edu.au/cgi-bin/sinod ... tml?query="barrett%20property" Another 4 or 5 house plans they claim are infringing copyright. From a quick read of this judgment it seems M3tricon is trying a technical defence (you should have sued us for those when you sued us previously) but the trial is not for another month or two. Dale. Building the Monaco 32 with Carlisle Homes Check out our blog for photos and progress reports: http://www.beigefreehouse.blogspot.com . Re: Copywrite for floorplans 37Feb 12, 2009 9:50 am On a similar topic - are there any good sites with free house plans?
Before anyone laughs at the thought of anyone doing this for free - I've been involved with free open source software (Linux, OpenOffice, etc) and freely distributable/copyable content (Wikipedia, etc). in the past, so I thought the concept may translate to other forms of information! |