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I'm looking at a copy of my blueprint right now (my house is under construction). There is no copyright anywhere on it. It does list the builder's name, address and phone number, but there is no copyright.
I'm looking at a copy of my blueprint right now (my house is under construction). There is no copyright anywhere on it. It does list the builder's name, address and phone number, but there is no copyright.
I'm sure plans are different, but that's my plan.
A blue print has quite a bit more information on it than a copyright....I dont really think either could be copyrighted, but a better argument could be made for a blueprint over a floor plan.
Also if your home is custom - you probably paid for the blueprints - which make the plans a work for hire which means when it is complete you own the copyright - not the original creator.
Huge difference in a drawn floor plan used for advertising and an architects copyrighted blueprints. Builders use the simple floor plan drawings all the time.
Notice those drawings seldom have room sizes published.
I'm looking at a copy of my blueprint right now (my house is under construction). There is no copyright anywhere on it. It does list the builder's name, address and phone number, but there is no copyright.
I'm sure plans are different, but that's my plan.
No need for a copyright statement or stamp, it is inherent. What you own is the right to use the produced document set to construct ONE version of that design, you cannot give out that set to anyone else for any use whatsoever without the express written permission of the creator of that design.
A copyright notice is not required for copyright to exist - copyright exists from the moment of creation. A copyright doesn't even have to be registered, though it makes it much easier if you do have to go to court.
A map is copyrightable (I know someone who makes a tidy side income from people who lift her maps off her website and use them on their own, only to receive a bill from her for the unauthorized use included in the letter from an attorney she keeps on retainer - yes, it is worth it financially to her to do that). I fail to see how a builder's floor plan drawn up for them (as opposed to a floor plan drawn up by the owner or an appraiser) is automatically exempt from copyright. I'd LOVE to see the court case that marksmu is so sure he'd win, though - I'll bring popcorn!
If the builder/creator of the blueprint gives you permission it isn't copyright infringement.
Realistically, the "builder" is usually an LLC that was created specifically for the purpose of skirting future liabilities, and that LLC is usually folded up & trashed a year or two after the last house is built.
Copyrights have an intent, and that intent is to prevent unfair competition, (in this case, from other designers, not people selling their own home). There is a "fair use" exemption to a copyright, - think of the Betamax case. It may not be explicitly stated in law, but that doesn't mean one wouldn't be carved out the first time this specific issue went to court. There's no incentive to go after homeowners for this - by the time a homeowner used a builder's floor plan, the builder has usually folded, and the design has already been either copied or surpassed by other trends. I really think this is a case of mls's just being overly cautious - nothing good comes to the MLS by allowing it, even though the risk of a copyright suit is minimal.
Realistically, the "builder" is usually an LLC that was created specifically for the purpose of skirting future liabilities, and that LLC is usually folded up & trashed a year or two after the last house is built.
Still doesn't absolve you of copyright infringement. Best, if you wish to include a floor plan in a listing, to have one made or make it yourself from scratch using one of the online programs for doing so.
As a buyer, I love having a floor plan. I find this is especially true for older homes where you cannot easily figure out the floor plan based on the pictures. The floor plan virtual tours are my favorite by far. I hate video virtual tours, personally. I find the music and commentary annoying and I don't care, I just want to see what the house really looks like.
As a Realtor, I make floor plans for all of my listings. I take the measurements and make the drawings myself, and then add pictures from many angles so buyers can get a feel for how the house looks in real life. Most of my listings have been older properties, also, so I think having a floor plan on the listing helps buyers because if they want a wide open layout, they will know in advance that these are not the homes for them.
A blue print has quite a bit more information on it than a copyright....I dont really think either could be copyrighted, but a better argument could be made for a blueprint over a floor plan.
Also if your home is custom - you probably paid for the blueprints - which make the plans a work for hire which means when it is complete you own the copyright - not the original creator.
Mark, you are probably correct. I did have to pay for my plans (they were tecnically made by a draftsman, not a licensed architect) and so I likely own them. Whether I can resell these plans is another question, but I would think I would be allowed to post a version online for resale purposes.
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