Copyrighted Plans

jbarber · Aug 05, 2019 3:11 pm

Hi Guys

Hoping to get some advice here from people much more cluey than myself.

My partner and I are looking at a particular block which has approved plans to build a 4 bedroom home by Dennis family. Dennis have informed me that these plans are 'copyrighted'.

As we were already in discussions with a smaller, local builder, we would want them to build our home but now this has thrown a spanner in the works.

Wondering what our options are aside from getting whole new plans done. Considering we like the existing plans, can we just get these modified with our preferred builder? Is it possible to buy plans from Dennis?

Interest on advice and others who may of been faced with the same scenario

Thank you!

l_vanslyke · Aug 05, 2019 4:55 pm

Hi,

Just a bit of background on myself; I work in the building industry as a building designer and see this dilemma on the regular. I have been involved in numerous court proceedings for copyright infringements of my own intellectual property.

My advice to you would be NOT to use the plans in any way, shape, or form, don't even show them to the other builder. There is a common misconception that if you change the original work by 10%, you can avoid copyright infringement. It's simply not true.

I can also advise that there is a very high chance the builder (Denis) will be checking the site to see what has been constructed and whether copyright has been infringed. They may also have access to view the lodged plans under FOI.

Moving forward I would recommend finding a draftsman, building designer or architect and start a new from scratch. The $3,000 to $15,000 you'll spend on the new design could potentially save you hundreds of thousands on court proceedings and damages. Engaging a draftsman, building designer or architect allows you to shop around for a builder and compare quotes / tenders.

I hope this helps and if you have any other questions please don't hesitate to PM me.

jbarber · Aug 05, 2019 5:09 pm

l_vanslyke

Hi,

Just a bit of background on myself; I work in the building industry as a building designer and see this dilemma on the regular. I have been involved in numerous court proceedings for copyright infringements of my own intellectual property.

My advice to you would be NOT to use the plans in any way, shape, or form, don't even show them to the other builder. There is a common misconception that if you change the original work by 10%, you can avoid copyright infringement. It's simply not true.

I can also advise that there is a very high chance the builder (Denis) will be checking the site to see what has been constructed and whether copyright has been infringed. They may also have access to view the lodged plans under FOI.

Moving forward I would recommend finding a draftsman, building designer or architect and start a new from scratch. The $3,000 to $15,000 you'll spend on the new design could potentially save you hundreds of thousands on court proceedings and damages. Engaging a draftsman, building designer or architect allows you to shop around for a builder and compare quotes / tenders.

I hope this helps and if you have any other questions please don't hesitate to PM me.

This is perfect advice and exactly what i'm after. If we were to purchase the plans from Denis, i'm assuming that would be another scenario in which we could proceed legally?

Thanks so much

aussieta · Aug 05, 2019 6:02 pm

i highly doubt denis will sell you a right to use their plans
either use denis to build the house you like or choose another design

l_vanslyke · Aug 05, 2019 10:13 pm

[quote="jbarber":3jmq0k7i][quote="l_vanslyke":3jmq0k7i]Hi,

Just a bit of background on myself; I work in the building industry as a building designer and see this dilemma on the regular. I have been involved in numerous court proceedings for copyright infringements of my own intellectual property.

My advice to you would be NOT to use the plans in any way, shape, or form, don't even show them to the other builder. There is a common misconception that if you change the original work by 10%, you can avoid copyright infringement. It's simply not true.

I can also advise that there is a very high chance the builder (Denis) will be checking the site to see what has been constructed and whether copyright has been infringed. They may also have access to view the lodged plans under FOI.

Moving forward I would recommend finding a draftsman, building designer or architect and start a new from scratch. The $3,000 to $15,000 you'll spend on the new design could potentially save you hundreds of thousands on court proceedings and damages. Engaging a draftsman, building designer or architect allows you to shop around for a builder and compare quotes / tenders.

I hope this helps and if you have any other questions please don't hesitate to PM me.[/quote:3jmq0k7i]
This is perfect advice and exactly what i'm after. If we were to purchase the plans from Denis, i'm assuming that would be another scenario in which we could proceed legally?

Thanks so much[/quote:3jmq0k7i]

Sorry, I forgot to respond to that part.
You’re more than entitled too (and I encourage you) ask Denis if you can purchase the plans, however dont be surprised if they end up costing more than a custom design.

If they do allow you to purchase the plans all you would need is their approval in writing and I’d recommend your solicitor check over it.

Hope this helps!