Browse Forums Building A New House 1 Aug 19, 2012 12:53 am Hey all, I have been browsing around here for a while, heaps of great info, but this is my first post. A quick intro, I purchased a block in October on the out skirts of Melbourne. A nice piece of land and I plan on putting a custom build on it. I've spent hours tweaking it and am happy with the latest draft. Anyway to add something to the forum, a lesson learned is not to trust perspective builders with custom plans. In an attempt to build before the first home owners reduced I submitted a hand drawn, scaled plan to a builder for costing. The builder forwarded these to their design team, who in turn computer generated a plan. The cost was higher than I thought and more than the bank was prepared to loan me. Not a huge drama and I'm prepared to wait to build the house I want. The builder is aware of this and also understood that I would contact them when I was in a position to build. Today I mistakingly received an email from the builder, it was meant for another client. Curious as to what designs the builder produces I had a look at the sketch. To my horror there were similarities to key elements of my custom plan I had drafted independently of the builder. While it would be helpful I won't post either plan here. In terms of similarities the master bedroom/ensuite/wir, kitchen and lounge were located in the same positions. The master was very similar in dimension. Upstairs I'd designed a large living room at the front of the house, with a central corridor leading from stairs to the side. It was identical in dimension and I've never seen such a layout anywhere else. I re-checked the builders web page and none of their plans have these rooms in these locations or the ideas I submitted. To me it's pretty clear there are at the very least strong influences from my design in key parts of the home. What's worse is I'm pretty sure that the sketch was intended for my future neighbour! I've emailed my concerns to the builder and am awaiting their reply before seeking legal advice. Re: Perspective builder using ideas from a custom plan? 3Aug 19, 2012 2:01 am Yep certainly bad business. Whatever way it goes when the time comes I'll be looking at other builders. With the help of google it seems I own my sketches, they own the computer plan produced from that, however as it was created from my sketch I have an interest in those computer plans and the builder needs my permission before reproducing even just parts of that for another client. Confusing much? Re: Perspective builder using ideas from a custom plan? 4Aug 19, 2012 2:27 am Yeah, you definately have the rights to your sketches and so on, but I'd imagine it being difficult to show that the altered plan of your neighbour's had your sketch at the basis of it. Okay, it may be possible to show in court, but I think it would be a hard and long battle uphill. I would have done the same as you and found another builder too. I think that if someone is that low on ethics, I don't want to deal with them at all. Re: Perspective builder using ideas from a custom plan? 5Aug 19, 2012 3:58 am Did they charge you when they re drew your sketch? Check out our blog below! We are using iDraft and Cozzcorp for our build http://ridgydidge1460.blogspot.com Plans: http://www.idraft.com.au Construction: http://www.cozzcorp.com.au Re: Perspective builder using ideas from a custom plan? 7Aug 19, 2012 9:24 am Danois Yeah, you definately have the rights to your sketches and so on, but I'd imagine it being difficult to show that the altered plan of your neighbour's had your sketch at the basis of it. Here's the second story plans. The scale has gone a bit a miss, but on the pdfs of the computer plans the living/rumpus and bed 4 are exactly the same size. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Re: Perspective builder using ideas from a custom plan? 9Aug 19, 2012 10:49 am Their plan may well be considered a derivative work if you want to look up the copyright law for that. Under similar law to covers for songs and remixes. Re: Perspective builder using ideas from a custom plan? 10Aug 19, 2012 12:05 pm While it may be deriving the plan from the hand sketch I think it would be a log hard battle as there are only so many ways that you can draw a house. How much needs to be altered before it is considered different. It may be that the rest of the design or elements thereof are different so that in the whole it is not the same. No law expert but is it always implicit that if you draw something it is automatically copyright or do you need to inform the recipient that it is copyright. I think this is one where lawyers will get rich. Re: Perspective builder using ideas from a custom plan? 11Aug 19, 2012 12:18 pm So the 1st drawing is your drawing 2nd is your drawing they turned into a plan 3rd drawing is the plan meant for your neighbour? Just want the clarify because I see almso zero similarities between drawing 2 and 3. Its a small upstairs area, how many options do you really have? If drawing 2 is what your neighbours received, then it is an obvious copy. But when it comes down to it, you'll never receive compensation. So why stress, take it as a compliment. Re: Perspective builder using ideas from a custom plan? 12Aug 19, 2012 12:34 pm 1stBuildFR So the 1st drawing is your drawing 2nd is your drawing they turned into a plan 3rd drawing is the plan meant for your neighbour? Just want the clarify because I see almso zero similarities between drawing 2 and 3. Its a small upstairs area, how many options do you really have? If drawing 2 is what your neighbours received, then it is an obvious copy. But when it comes down to it, you'll never receive compensation. So why stress, take it as a compliment. Yep correct weight, pics are as you stated. I agree there is only so many ways my can draw a house, it's um... interesting that none their designs on their web page have similar features re the rumpus/living. It is a compliment, but to me a back handed one, more so as it's being used as a special design for my neighbour. Re: Perspective builder using ideas from a custom plan? 13Aug 19, 2012 12:45 pm AussieMark While it may be deriving the plan from the hand sketch I think it would be a log hard battle as there are only so many ways that you can draw a house. How much needs to be altered before it is considered different. It may be that the rest of the design or elements thereof are different so that in the whole it is not the same. No law expert but is it always implicit that if you draw something it is automatically copyright or do you need to inform the recipient that it is copyright. I think this is one where lawyers will get rich. I've had a bit of a read and from what I gather the whole plan doesn't need to be reproduced to breach copyright, it can be infringed if parts of a plan are copied as long as those parts are important or distinctive. There's no percentage or set amount required. I guess what's considered important or distinctive could be debated for hours! Re: Perspective builder using ideas from a custom plan? 14Aug 19, 2012 1:04 pm Yep and therein ****** the issue, it would be hard to argue that a living room or rumpus room are distinctive. Most houses have them and while they may not have a rumpus room it may be called a media room or home theater. All of these boxes are fairly interchangeable. I have done the same thing with my builder where I provided them a sketch (actually a 2d and 3d model with measurements) and then they tweaked it. It is 95% similar to what I had suggested but if they want to use it I dont really have appetite or will to fight it. I dont think its a back handed compliment if they use it. Unless you are in the design business or an architect i am not sure why it would matter. Once furnished I doubt a connection would be made especially since it would be less likely that a comparison could be done. Save the stress and take the compliment Cheers Mark Re: Perspective builder using ideas from a custom plan? 16Aug 19, 2012 2:48 pm AussieMark Yep and therein ****** the issue, it would be hard to argue that a living room or rumpus room are distinctive. Most houses have them and while they may not have a rumpus room it may be called a media room or home theater. All of these boxes are fairly interchangeable. I have done the same thing with my builder where I provided them a sketch (actually a 2d and 3d model with measurements) and then they tweaked it. It is 95% similar to what I had suggested but if they want to use it I dont really have appetite or will to fight it. I dont think its a back handed compliment if they use it. Unless you are in the design business or an architect i am not sure why it would matter. Once furnished I doubt a connection would be made especially since it would be less likely that a comparison could be done. Save the stress and take the compliment Cheers Mark Cheers Mark, not an architect or anything like that, just someone who wanted a cool house which stands out from the crowd, especially inside. You're right a house is more than walls, it's how you furnish and fit it out and I possibly could somewhat achieve that. The flip side is you pay more to build with your own plans and when the ground floor is taken into account the 4 main rooms, master, living, kitchen/living are similar. To me the neighbours plans are a budget/compact version of my concept sketch. I provided them with a pretty common style of elevations I'd done with sweet home 3d. From that they gauged what I liked and tweaked their homes to fit my floor plans. Here's a 3d they're completed for me and my neighbour. It's bad business, but nothing I can do as it's so common and they do build other homes like that. Mine: Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Neighbours: Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ If it wasn't next door I would let it slide, but with all the front rooms being the same, both up stairs and down even if I went for a radically different facade from the street they'd still have the same footing. I'm curious as to whether my future neighbours are aware that their unique house has parts taken from next door! I've got a name from their plans, maybe I should see if council can put me in touch? Hi Mofflepop, I would recommend finding a building designer to prepare plans, they should design to your specified budget. The benefit is you can tender the project out… 9 20432 Hi, Seeking volume or semi-custom builder in victoria(east), which have existing double story wide floor plans. Seeking 18-20m wide homes with depth of 12-15m long. Or… 0 25171 6 55355 |