*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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