Question:
I am starting a business
and I have been doing a lot or research
and visiting a lot of sites to check
out floor
plans
of other similar business
to get ideas. A couple of days ago
I stumbled unto a place that was
perfect, I fell in love with the
layout of all the rooms, building
style etc. Inside the building they
hand a pamphlet with nicely detailed
floor
plans
that you can use to find your way
around.
Lately I have been thinking of just
simply getting the floor
plans
that I got from this business
and tell the construction company
that we are hiring to make something
very similar. Of course the owners
of the other building will get pissed
off because we are basically coping
their building.
I would like to know where I could
find information to see if we can
get sued for coping their floor
plans
or if we are free to do that if
we want. Don't mean to be an for
doing this but I can tell that the
person who made the building is
very bright and paid a lot
of attention to details. So far
none of the companies that we have
hired to come up with designs have
come close to this one.
Answer:
Might get sued!
All my drawings are Copy Righted!
They cannot be used for any other
project, without permission from
the designer (me), and with possible
compensation.
It would be odd if the designers
haven't retained copyright on their
designs, so copying them is probably
illegal. It would certainly
be unethical -- but commissioning
them to design something similar
for you would be both flattering
to them (and above board!).
If you want
an exact replica of the design,
then you should approach the owner
of the copyright and see if you
can buy a set of plans
to build to. This is one reason
why I designed my own house. I
looked at many plans
and some were close, but nothing
was exactly what I wanted. So
I did my own design. It has
elements of many other designs that
I looked at, but it isn't exactly
like any one of them. How
close you can be and still claim
to be different is a question for
the lawyers, not for me. But if
you are exactly identical, then
you don't even need a lawyer to
know that you are infringing on
a copyright almost certainly.
Would you mind being a little
more specific on what is the copy
righted par of a building? I am
not coping any engineering, I am
simply using the layout of the building
(overhead view) to get the room
size, locations, ceiling height
etc. I will hire someone to do the
rest of the engineering and an interior
decorator to figure out color schemes
etc.
I can't understand how can a building
layout be copyrighted, I mean there
are only so many ways you can arrange
rooms on a building. I am pretty
sure there must bee many other buildings
that look alike with the exception
that rooms might vary a little on
size color schemes etc.
The plans
for the building are the property
of the architect who designed the
building, or, if he were an employee
of the owner, the owner owns the
plans
as well as the building. As owner,
the architect can sue you for unauthorized
use. You have absolutely no
rights accruing to you for any use
whatsoever of the plans
or for copying them from any source
(such as your advertising reproduction).
Not only can you be sued for loss
to the architect, you could in most
jurisdictions be caused to demolish
your building or significant portions
of it. As a practical matter, is
this likely to happen? Only
if you are stealing plans
from a large company with proprietary
identification with the product,
the building you emulate, or if
you are stealing from a local architect
who happens to notice the remarkable
similarity between your building
and his design . . . and is justifiably
pissed enough to file suit.
And, no, the plans
to not have to say they are copyrighted
or design-patented, as this can
be done by the original owner most
any time after publication. Say,
as soon as they see your building
going up.
I'd tell the owner of the building
that his building suits your need
perfectly, and would he object and
would he give you the name of the
architect?????? If you aren't
comfortable doing that . . . well,
you really didn't need to ask, you
already knew you were stealing.
No encouragement to be found here.
Sorry. I've lost far
too much of my own labor and fruits
of talent to encourage someone to
do the same to another architect.