WA Residential home design copyright

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JVP

Member
10 January 2021
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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

Lawyer
LawTap Verified
28 April 2014
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Sydney
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.
 
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JVP

Member
10 January 2021
3
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1
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

Well-Known Member
11 February 2017
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JVP

Member
10 January 2021
3
0
1
have a read of this case,


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

Well-Known Member
11 February 2017
39
1
124
all depends on the possible defences he may raise....