*Reprinted
by permission Southern Building magazine as published by S.B.C.C.I.
Birmingham, Alabama
Dear Editor,
The (letter) is about illegal copies of plans
being submitted for plan approval to building code departments. This is
a rampant problem. Illegal copying of plans has been going on for a
long time and no one seems to think it is wrong. I believe that the
building code officials can help tremendously in the fight to uphold
the federal copyright laws and need only to know that they do have
support in this area.
Copyright
violations are rampant in the residential architectural design industry
with photocopy machines in every office, on every street corner, and in
a growing number of individual homes, is it any wonder the federal
copyright laws are being broken so carelessly and so frequently?
As
a matter of fact, many people don't even know that they have violated
the law. But make no mistake, reproducing copyrighted materials is
illegal. The copyright law provides protection for architects and
designers in the residential housing industry, giving them sole and
exclusive rights for the reproduction, publication, and sale of their
creations. Copyrights cover the design of a home (the arrangement,
composition and elements in the architectural work), the blueprints or
sepias, drawings, and all artwork associated with the creation.
Here
are the nuts and bolts of what you should know about the copyright laws
as they pertain to the residential home design and building industry.
1.
Purchasing a set of blueprints transfers no right or ownership of the
plan to the purchaser. The purchaser has merely purchased a limited
license to build that structure one time, and one time only.
2.
The blueprints may not be lent, given away, or sold by the purchaser.
3.
Making photocopies of, or reproducing in any form, the blueprints,
plans, drawings, or any other related artwork without the written
consent of the creator is illegal.
Take
notice of whether the prints submitted to you for review are not blue
but black (like a photocopy), indicating a possible illegal
reproduction. Many firms stamp their blueprints with their copyright in
red ink on each and every page of the plans, making it much easier for
you to spot violators. If you receive illegal plan copies, have any
questions regarding the legality of materials you receive, or know of
any legally suspect documents, you should contact the architect or
designer of the plans immediately. Copyright owners can seek full
remedies available under the copyright statutes including statutory
damages of up to $100,000 per infringement. Heeding and enforcing the
federal copyright laws keep costs down for everyone and helps ensure
the structural quality of all new residences.
Lex W. Stapleton, AIA
Senior Architect
Donald A. Gardner, Inc.
Architects/Planners
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