Browse Forums Building A New House Re: Building a design that isnt for sale any more 2Jul 17, 2008 2:50 pm Hello Captain,
welcome to the forum. I've been thinking the same as you..... i guess you can always use the floorplan that you like as a starting point and slightly re-design it, maybe by swapping the location of the laundry and the bathroom. That wouldn't be an infringement of copyright would it?? I think you're right in saying that the type/variety of floorplans can only be so much, how many ways can they come up to fit say 4 bedrooms, lounge room, etc etc into a square. Would changing the dimension of the rooms considered as having a different floorplan?? Good luck captain!! Start: 15 May 08, Current: Handover inspection 19/09 after that, the house is ours!! Visit our blog: http://loveourgerbera.blogspot.com/ Re: Building a design that isnt for sale any more 3Jul 17, 2008 3:04 pm If you do it……don’t tell anyone, keep it to yourself!
Although making some changes is pretty much all you need to get away with using the plans. It’s best not to tell people that’s what you have done. If the first builder gets wind of it…..you never know what he might do. Internal and External Building and Colour Consultant Online - Worldwide http://www.denovoconcepts.com Re: Building a design that isnt for sale any more 4Jul 17, 2008 3:07 pm Copyright doesn't extend to an "idea". Only to the plans themselves.
here is a document on exactly this topic http://www.copyright.org.au/pdf/acc/infosheets_pdf/G017.pdf "copyright does not protect ideas, information or concepts. For example, the idea of building a rectangular house surrounded by a verandah with an open-plan living area, French windows facing north and three bedrooms facing south is not in itself protected. However, drawings, plans, models and buildings incoporating these features are protected by copyrigt" You may not reproduce their house plans, or communicate those plans to someone else. You may be able to get something similar made, but most importantly, do NOT show the plans to Builder B. Even if they draw something similar for you, it is infered that they copied the elements from the original plan if they have previously seen it. Best thing to do is get legal advice, or even ask for written permission from Builder A to use the layout as the basis of a new set of plans drawn up by builder B. The link I have added has plenty of other information Alan and Thuy in Melbourne Building a second time! Re: Building a design that isnt for sale any more 5Jul 17, 2008 3:20 pm interesting,
In my mind, I would be honest and upfront with the people who we are asking to build the house. That way, they make the decision themselves to go ahead with it. I woudlnt want to be in a situation where the builder said "you should have told us" that would be bad. Definately wouldnt say boo to the originators of the design either!! I dont have any blueprints so to speak, just the general floorplans they hand out when you go through the display homes. ie room A, 3.5 x 4.0 (when in reality it would probably be something like 2450 x 3990.) I was told by a workmate who does developments for a second income the following: 1 - Dont worry, company A copied those designs from someone else anyway...not that I could use that in my defence 2 - Once the draftsman draws up the new dimensions (ie to the exact mm, not the general dimensions they hand out in brochures) then it becomes their IP anyway. In short, we would be interested in swapping the locations of one or two rooms over on the ground floor only, within the same external dimensions(maybe change by 0.5 - 1 meters to make it more different) any perhaps add a home theatre...does that sound ok ? Will take solicitors advice prior to doing anything serious of course, just interested in the opinions of the masses... Why are priates scary ? Because they yaargh.. Re: Building a design that isnt for sale any more 6Jul 17, 2008 4:34 pm Well the issue still comes down to where the inspiration comes from.
If your design ends up being "pretty much the same as" the original, even if the measurements are a bit different, you could still find yourself in trouble. George Harrison's "My Sweet Lord" doesn't sound too much like The Chiffon's "He's So Fine"... but it was close enough to put him in court. Whilst your house is less likely to attract the attention of the copyright owner, if you're interested in staying in the clear... I'd be avoiding copying even the brochure plans Alan and Thuy in Melbourne Building a second time! Re: Building a design that isnt for sale any more 7Jul 17, 2008 8:00 pm I would be very careful if you have already spoken to the origonal builder about it, they will be watching with interest. Re: Building a design that isnt for sale any more 8Jul 17, 2008 9:08 pm Just a comment that first builder is shooting themselves in the foot with their policy: obviously they still have all the plans to build original design themselves and are now losing a customer for nothing
We are also in SA, I remember we liked a particular plan with Sterling Homes, which got updated, like you we preffered the original, when we spoke to consultant they said they don't advertise the original version anymore but would still build it if anyone requested it. Hard to understand why your builder won't do this , I mean so many people make adjustments to floor plans, so many versions of Plan A are not the exact original anyway. For other reasons entirely, nothing to do with floor plans, we went with another builder though. Re: Building a design that isnt for sale any more 9Jul 17, 2008 11:41 pm Hi
I'm not sure what to make of this. We have also fallen for the (now closed) display home of a "premium" Adelaide builder. We have discussed our proposed new home with several other builders. They all made it clear that they would build whatever we wanted (within copyright and cost limitations) I can't imagine any of the top 4 or 5 Adelaide builders (and we all know who they are) refusing to build one of their previous display homes. In fact we were encouraged to consider this option in spite of the fact that the builder virtually only builds custom homes based on their display homes. At least they had the costings for the display home and pricing of a new design wouldn't be necessary. So, I guess I'm asking if you're sure you haven't misunderstood. I understand the whole copyright thing is somewhat of a grey area. However, if the home built by builder B instantly suggests Builder A to the extent that Blind Freddie would jump to the conclusion Builder A built it, then I suggest a copyright infringement claim might have legs, regardless of detailed changes. But if Builder A refuses to build the home.....? Naw, it's just to weird and totally out of kilter with our recent experience. Can you hint at the name of the builder? (initials would probably be sufficient) Cheers zeke Re: Building a design that isnt for sale any more 10Jul 18, 2008 12:08 am the builders name coincides with an adelaide beach. can you guess ?
I fear that im taking on too much risk...but then, a floor plan is just a floor plan. any builder can make it, its the level of supervision, quality of build and the materials/contents that set them apart. I suppose I can press them a little bit more, and see what they think. I dont however want to pay anything extra for "blowing the dust" off their old plans. Its expensive enough as it is... Why are priates scary ? Because they yaargh.. Re: Building a design that isnt for sale any more 11Jul 18, 2008 12:10 am MeThinks I would be very careful if you have already spoken to the origonal builder about it, they will be watching with interest. havent spoken to anyone about it. All in my head (and on this forum) so far. Its just the floorplan I want, not the premium markups, or premium cost that comes with the premium builder !! Why are priates scary ? Because they yaargh.. Re: Building a design that isnt for sale any more 12Jul 18, 2008 12:11 am zeke Hi I'm not sure what to make of this. We have also fallen for the (now closed) display home of a "premium" Adelaide builder. We have discussed our proposed new home with several other builders. They all made it clear that they would build whatever we wanted (within copyright and cost limitations) I can't imagine any of the top 4 or 5 Adelaide builders (and we all know who they are) refusing to build one of their previous display homes. In fact we were encouraged to consider this option in spite of the fact that the builder virtually only builds custom homes based on their display homes. At least they had the costings for the display home and pricing of a new design wouldn't be necessary. So, I guess I'm asking if you're sure you haven't misunderstood. I understand the whole copyright thing is somewhat of a grey area. However, if the home built by builder B instantly suggests Builder A to the extent that Blind Freddie would jump to the conclusion Builder A built it, then I suggest a copyright infringement claim might have legs, regardless of detailed changes. But if Builder A refuses to build the home.....? Naw, it's just to weird and totally out of kilter with our recent experience. Can you hint at the name of the builder? (initials would probably be sufficient) Cheers zeke ha, wouldnt it be funny if it was the same house.... Why are priates scary ? Because they yaargh.. Re: Building a design that isnt for sale any more 13Jul 18, 2008 12:12 am I am also in Adelaide after huge problems with our first choice we went with the house we sold as we loved that house, but moved from the north to the south. The house was no longer available and had been updated. We did not like all the updates, the bedroom area was better but the kitchen family etc was not. We extended walls put in bay windows pantry ect. Now we have nearly the same house but better bedroom area. Years ago when we were looking for a house we were told when leaving if you find a plan you like as long as we make some changes we can duild it for you, and this was from one of the big builders. Just dont advertise it. Re: Building a design that isnt for sale any more 14Jul 18, 2008 1:01 am Hi Cap'n
I did try to reply to your PM, but I can't get my reply to move from the outbox to the sent box Will have another look at this tomorrow....must be missing something Cheers zeke Re: Building a design that isnt for sale any more 15Jul 18, 2008 9:12 am zeke Hi Cap'n I did try to reply to your PM, but I can't get my reply to move from the outbox to the sent box Will have another look at this tomorrow....must be missing something Cheers zeke PM doesn't move from outbox until the receiver next logs on....the posty is waiting to deliver it at the door but they won't answer... mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: Building a design that isnt for sale any more 16Jul 18, 2008 11:07 am The issue of copyright would be with the builder, not you. The builder who designs the house owns the copyright. As such, if you design a house and a builder draws up plans for it, they then won the copyright on the plan.
Not sure if your builder B would want to go down this track, given the fun big M is having with PD in the courts. Adrian B Re: Building a design that isnt for sale any more 17Jul 18, 2008 2:21 pm thanks for the advice.
that was why I plan to be upfront and honest with the people who we choose to build the house fight from the start, they will have more expereince than me in this matter, and will be able to make an informed decision. if they are aware of the risks, and think its not an issue, then it *should* be ok. mind you, they will only care about the risks for "them"... thanks again to all for the advice, I appreciate it. Why are priates scary ? Because they yaargh.. Re: Building a design that isnt for sale any more 18Jul 19, 2008 11:19 pm If I were in your exact position, I would have a good look at the old plan on the brochure, then go to Builder B and describe it to them as they draw it up rough, not showing them the actual plan for them to copy. Then as you put in the finer details it will surely end up quite different from Builder A's original design anyway, and you might end up with something even better than you expected as it may make you think about the positioning and size of everything more carefully.
Good luck! From a pure legal perspective, if you've signed the variation, it is a very high bar to have it set aside. No-one can give you legal advice on a forum, but you would need… 3 4347 Thank you so much for the effort. We will use it to talk with builder. We also had idea of building duplex instead and seeking suggest ions. viewtopic.php?f=31&t=106744 11 10738 Once you know the basics, the rest is easy. Read my post in the thread linked below. viewtopic.php?p=1919271#p1919271 2 15469 |