Floor Plans for a Business. Is This Illegal?

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.


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