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ARTICLE · 04 JULY 2018

Can you copy someone elses building plans? Which case won?

Stacks Law Firm
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The new owner held the copyright to the building plans and objected to the construction of a house identical to his.

AustraliaIntellectual Property
Rita Lahoud
Rita Lahoud
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The Facts

Building designer engaged to create plans for unique house

A couple owned a block of land in Port Douglas, Queensland, and set out to build an architecturally unique house on the land. They engaged a building designer to assist and sent an email to the designer with their ideas for the house, which included proposed specifications, four pages of draft floor plans and two photographs of houses illustrating the architectural style the couple had in mind.

The building designer prepared detailed plans ("the building plans") and the couple engaged a builder to undertake the construction. Sometime after the house was built, the couple listed and sold the property to a new owner.

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