Justice Martino concluded that, while the contract had no express clause regarding the existence or not of a licence to build a home according to the plans: “The contract provided for the plaintiff to prepare plans ready for development application approval in stage one and then, in stage two to prepare working drawing and specification documentation. Consent. Furthermore, if you are not yet engaged as the architect, but you have provided sample plans, state that there is no implied licence to use your plans. It was further held that in absence of a written license agreement, PDD had received a If you need help protecting your designs, call LegalVision’s IP lawyers on 1300 544 755 or fill out the form on this page. That was the case here. In 1790, when the first copyright law was passed, copyright was only granted in "books, maps, and charts". She has a particular interest in, Need Legal Help?

made us think you were a bot. Therefore, copyright in architecture exists.

As an architect, you have the exclusive right to: It is important to understand that copyright protects the expression of an idea but not the idea itself. : Wind farm operator’s challenge to council nuisance finding fails, Money for JAMS: Statutory unconscionability principles clarified in Jams 2 Pty Ltd v Stubbings, Vexatious Proceedings Act 2014 (Vic): the three tiers of litigation restraint, Changes to the Domestic Building regime in Victoria. How the court came to its conclusion that the Canterbury home was not infringing illustrates the difficulties in architectural infringement cases. A licence can be in the form of an exclusive or non-exclusive arrangement. Your email address will not be published. you rightly know, one wrong step can set you back years! Milankov Designs was engaged by Mr Di Latte, no doubt over a coffee or two, to design a house on Mr Di Latte’s property. INTELLECTUAL PROPERTY & COMMERCIAL LITIGATION, CHEMICAL AND INDUSTRIAL PROCESSES PATENTS, TELECOMMUNICATIONS AND WIRELESS TECHNOLOGY PATENTS. endstream endobj 136 0 obj <> endobj 137 0 obj <> endobj 138 0 obj <>stream %PDF-1.5 %����

An account of profits is an order to pay the copyright owner all of the profit made from the infringement. In 1909, Congress broadened the scope of copyright protection to include all "writings of an author". Mr Milankov was not a registered architect when he produced the original house plans.

In this case, Tamawood Ltd (“Tamawood”) sought relief against a developer, a builder and an architectural firm for allegedly using its architectural drawings and plans (the “Plans”). HCA 55, Concrete Pty Limited (“Concrete”) and Parramatta Design & Developments Pty Ltd (“PDD”) Consent and therefore, there was an implied licence to use the drawings by Concrete for the construction

In 2001, a federal jury in Norfolk, Va., issued a $5.25 million verdict in the firm's favor against two Virginia construction companies.

His Honour found that the responses received by Mr Scanlan to his enquiries of Mr Di Latte, the unnamed architect whose name Mr Scanlan had forgotten and another architect, did not provide an objective basis for Mr Scanlan having no reasonable grounds for suspecting that his actions in using the plans prepared by the plaintiff constituted an infringement of the plaintiff’s copyright.
During the initial stages, it was agreed that Tamawood would prepare the Plans at … In determining the amount of damages, the court will consider: As an architect, you have copyright in your designs.

This article explains copyright in architecture and how to protect your designs.