ᐅ Copyright for design or sketch

Created on: 6 Jun 2020 09:15
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Wilfried67
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Wilfried67
6 Jun 2020 09:15
Hello forum!

We have purchased a plot of land. The seller had a design drawn up as a feasibility demonstration and even obtained a building permit / planning permission in advance. Our architect used this design as a basis, basically not changing it fundamentally but only refining it, and intends to build according to this version. So, in principle, it is still the design/plan of another architect. We are now worried that this architect might sue us for damages due to copyright infringement. Is our concern justified?
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dab_dab
6 Jun 2020 13:18
First of all, you should actually want to carry out construction, not just the architect.

Regarding the copyright issue:
You hired an architect, who, in my layman's opinion, would be responsible if anything.
However, I believe your concern is generally unfounded.
11ant6 Jun 2020 13:57
It is not your responsibility, but your architect’s, to avoid using others’ work without permission. You can trust them to act properly—after all, their professional liability insurance depends on it. Copyright law also considers the level of originality—there are millions of houses with a simple rectangular gable roof and a guest toilet just behind the front door, without Architect Meier being able to accuse Architect Müller of stealing “his” idea.
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HausiKlausi7 Jun 2020 22:51
As 11ant already pointed out, copyright always remains with the creator. However, it only applies if the work has sufficient originality (or individuality) to qualify for copyright protection. In such cases, it should have distinctive unique features. So, unless the floor plan is designed in an octahedron shape with newly engineered stairs and a never-before-seen sunroom with an integrated observatory, it is unlikely to be legally contested successfully.