WA Residential home design copyright

[JVP]

During our discovery stage of building a new home we engaged 2 builders. "Builder A" and "Builder B". Builder A was our preferred builder, however, builder B had a nicer (but not perfect) design. We shared the preferred plan with "Builder A" with a request to "see if they had built anything similar". They hadn't, however, showed a sketch of what they could do to avoid copyright infringement. Following review of this sketch, I created my own sketch and shared with "Builder A" requesting "confirmation that this would not breach copyright" who (sales person) replied via email saying "This will negate any copyright concern"

We proceeded with "Builder A" using this floorplan and signed a preliminary agreement which also stated that any sketches we provide "Builder A" that breach copyright would indemnify "Builder A" from any liability. The sales person confirmed again that there is no breach.

Now "Builder B" has asked to see the floorplan design of our construction and believe it "could" be in breach of copyright. "Builder A" is arguing that this is not the case. My question is;

If the salesperson advised verbally and via email that "This will negate any copyright concern" Do I have anything to be concerned about?

 

[Tim W]

The thing you signed means that if Builder B wants to sue for a breach of copyright,
then get to sue you, not Builder A.

 

[JVP]

Thanks Tim, If this eventuated, would I have any legal claim against Builder A for their negligence in their written and verbal confirmation that the design did not breach copyright?

 

[Harry De Elle]

have a read of this case,

Milankov Designs & Project Management Pty Ltd v di Latte [2018] WASC 14 - BarNet Jade

The smart way to search, annotate and share Australian legal judgments, decisions and statutes!

www.jade.io

you can find many more on www.jade.io

read this article to....https://www.irdi.com.au/resources/irdi-insight/86-the-hidden-dangers-of-copying-building-plans

 

[JVP]

have a read of this case,

Milankov Designs & Project Management Pty Ltd v di Latte [2018] WASC 14 - BarNet Jade

The smart way to search, annotate and share Australian legal judgments, decisions and statutes!

www.jade.io

you can find many more on www.jade.io

read this article to....https://www.irdi.com.au/resources/irdi-insight/86-the-hidden-dangers-of-copying-building-plans

Thanks for sharing this Harry, I had actually found this one previously published. In my case, our builder has provided written confirmation that the design did not breach Builder B's copyright. If it is found that they ultimately were in breach, does builder A's confirmation clear any wrong doing on my behalf?

 

[Harry De Elle]

all depends on the possible defences he may raise....

 

[LostEcho]

I had a similar situation and found that even if the builder says you own the plans, copyright might still stay with the designer unless the rights were clearly transferred in writing.

 

[LordRisen]

I went through something similar and found that while the builder owned the plans, I made small changes and added my own touches, like lighting from https://www.seuslighting.com/collections/entryway-chandelier, which helped make it feel more original. Just make sure anything you adjust is significant enough to show that it's not a straight copy—you don’t want any grey areas causing legal trouble later.