Baker & McKenzie - Limited rights to use project house plans

Baker & McKenzie reports that yet another building plans case demonstrates the perils of contracting to have copyright works created (in this case house plans, but the same would hold true for a label design or an advertising storyboard) without a clear written agreement as to what can and cannot be done with them.

According to Baker & McKenzie, Mr. Gaunt paid $5,000 to a project home developer/builder who amended the plans for a design of theirs which he wanted to build on his land. He later fell out with the builder and paid another builder to adapt the plans and build the house. He and the builder were held to have infringed copyright in the developer’s plans.

Baker & McKenzie notes that there was no contract which bound Mr. Gaunt to use the developer to build the house, nor did he have any ability to get another builder to build to that design.

Baker & McKenzie - Limited rights to use project house plans


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