Sep 19, 2007 1:03 pm
Okay this is a contraversial topic.
There is not one plan I have seen from any builder that a) I like or b) will not fit on my block without major changes (adding bedrooms, moving rooms etc.)
I know that a lot of project builders won't make major changes to their plans. How right (or wrong) is it for me to take their plan and make my own changes and at what point does it become my plan and not a copyright issue? I have heard that for anything that is copyright (music or writing or anything) if you change a certain percentage then it does not belong to the original owner anymore.
Does anyone know what the rules are when it comes to this?
After 2 false starts, a year living overseas, two more world trips and 3 years of uncertainty we are now starting the build process again - hopefully for real this time!
Re: Changing Plans2
Sep 19, 2007 1:08 pm
I have heard that for anything that is copyright (music or writing or anything) if you change a certain percentage then it does not belong to the original owner anymore.
Thats a myth. You might want to read this..
Re: Changing Plans3
Sep 19, 2007 1:26 pm
DONT DO THAT. What you need to do is to apprach an architech/draftman and ask the person to draft a NEW plan for you. DONT show the draftman any skets containing floorplan or alike. Only give verbal direction such as i prefer the entrace in the north side, rooms to be grouped together, POS in the north, etc.
I have done that (not showing any drafts and only used general verbal instruction to the draftman), but yet one builder accused me of breach the copyright.
I have written to the builder and said that i have not showed any plans/skets to the draftman, and the draftman drew the plan based on my verbal instruction. There are a few similarities, but they are all coincidence.
I am pretty sure that when the builder bring this to the court, he will not win.
Re: Changing Plans4
Sep 19, 2007 1:29 pm
There is nothing stopping you from getting My Virtual Home or something like it and looking at designs and build you own cencept house in that forum.
If you look close enough at all the builders, you can tell they have some similar plans and lay outs... If anyone asks you where you got your ideas from, just say you built to what you needed and what was workable for your block......
Re: Changing Plans5
Sep 19, 2007 1:40 pm
My understanding is that you can show a building designer any ideas you like (ideas are not subject to copyright) and as long as the designer starts with a blank sheet of paper, he's free to do anything short of exactly copying a particular design.
Demolition August 2009, Construction Started September 2009, Completed December 2010
Re: Changing Plans6
Sep 19, 2007 3:47 pm
Sorry to hijack this thread.
That marketing manager of the builder get back to me angryly with this email:
"... you approached xxx design knowing full well what footprint and design is required for your block and had xxx replicate the design with some changes but still maintained the same concept which is not a completely new design rather a variation of our design. Yes you did not show any printed version of our design to xxx but you hand drawn our design with changes in front of xxx and failed to inform him of where you had got the original design format."
I called the builder again, and explain the process. He hung the phone up before the conversation was finished. I sent him an email:
"I DID NOT give my own "hand drawn" design (or skets/plans) to xxx.
I did not show any designs from any builders. My instructions were quite general. I DID NOT given specific instruction which will make xxx to draw similar design as your floor plan."
I am thinking to spend another $$$ to draw another design just to avoid this Bu***s*it.
Re: Changing Plans7
Sep 19, 2007 8:42 pm
It might cost you $7 - but I'd be buying this before I go any further with speculation or dodging a builder.
But at least you will get it straight from the horses mouth.
Info sheet: House plans
Copyright & house plans
This sheet contains information about copyright as it applies to house plans, including who owns copyright in a house plan. It also includes common questions about copyright and house plans such as
If I pay a builder to draw a plan based on my idea, who owns copyright?
If I've paid a builder to draw a plan, can I ask another builder to build the house?
Can I use a plan in a brochure as the basis for my house?
To buy this information sheet.
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