Can anyone use our floorplans?

[Mamaof3]

Ok i know its normal for people to go through various floorplans and pick out bits and pieces or even styles from them and use for themselves but whats happened to Us is bothering me a little bit..

Here goes. Ok engaged with an Architect to design a unique development for Us. Spent a lot of time engaging with council and various consultants and engineers to get things like turning circles etc right. Finally got planning approval through so all good on that front.

Just received letter from Council and we've been notified (through the public notification process) of a development application next door to us for the same development...flipped over to the plans and the floor area, floorplans, elevations, landscaping...everything, i mean EVERYTHING is identical to Ours. It normally wouldn't bother Me but this is right next door to Us so it bothers me more than usual.

Are the architects allowed to just replicate the plans we've had them draw up for us for someone else like that???

I know the bigger builders have a copyright thing on their floorplans but i have no idea in terms of what they're allowed to do/not do when it comes to architect firms and private clients engaging them to draw up plans for them.

Obviously i'm not going to take this anywhere even if we did have a case, i'm just curious.

Anyone have any idea???

 

[HomeBuyAU]

That sounds disturbing if it's right next door. You will have to wait for someone with some experience or knowledge in this area to reply but I would assume the architect owns the copyright to the plans and if another architect has come along and stolen them then there will be some issues there. I would also read through any terms and conditions that were given to you with your original plan and see what the fine print says.

 

[BuildingBlocks]

I can't help answer your question, but the other thing that would concern me is that people will automatically assume that it is the same developer building both blocks and any reputations this may affect.

Need to be careful about how you do your advertising and make sure that you will be able to compete either on quality, price or both.

 

[tom32]

I would have thought it would look better having the two mirror imagaged?

Probably a win and your architect may have sold it to the other party as thus.

Get together with them in landscaping, fencing etc and it could look quite good, IMO?

I am surprised that neighbours do not plan such things more often?

If no express right is given in your contract to you in the default position copyright is owned by the creator of the document. You have to contract out if you want to have ownership of the plans and sole future use of them which the architect is unlikely to agree with anyway.

Edit: for clarity it is the same architect, right?

 

[Perp]

Like tom32, my understanding is that unless you negotiate otherwise, the architect retains ownership of the copyright in the plans, and thus if they can re-use them for the block next door, it makes good business sense. If it was important to you that this didn't happen, then you should have negotiated either to own the plans (which would be expensive!), or at least negotiate an undertaking from the architect that the plans wouldn't be re-used within a certain distance of your property.

 

[Mamaof3]

no such paperwork was signed. just verbal discussions of what we were after and then they proceeded with the work...then at the end we were invoiced and paid.

i'm not talking about 1 or 2 homes on this site..we're talking 11 homes...everything from where the bins are located, the rain water tanks, clothes line, car parks, kerbing, position of plants/tress, even the freaking species of plants has been copied.

grrrrrrrrrrrrr

 

[MrHyde]

In that case, I would think the architect has retained copyright to the designs and is free to do what they want with those plans.

When we had our first house built, we signed a contract with the architect that specifically listed that copyright to the plans were retained by the architect, but we were provided with exclusive use and no other party could use the plans without our written permission.

 

[Terryw]

Copyright would usually be held by the composor. Same with photographs. It is the photographer that usually holds copyright.

 

[dammit]

But if the OP provided feedback, ideas, comments and the plans were designed to the OP's spec, would this not mean that at least part of the plans are the OPs intelectual property and permission would need to be sought? hard to prove i know but still, i think that situation stinks !

 

[Perp]

But if the OP provided feedback, ideas, comments and the plans were designed to the OP's spec, would this not mean that at least part of the plans are the OPs intelectual property and permission would need to be sought? hard to prove i know but still, i think that situation stinks !

It's not difficult to prove at all, but unfortunately for the OP, it's irrelevant.

From the Australian Copyright Council's "Who Owns Copyright" information sheet (my bolding):

The general rule is that the “author” is the first owner of copyright if the work is a text work, music, a dramatic work, a computer program or an artistic work (such as a drawing).

For the purposes of copyright law, an “author” is a person who gives expression to the ideas or information in a work—for example, by writing an instruction manual, or drawing graphics, or writing a computer program. A person who contributes ideas or information or suggestions, but does not contribute to the expression of a work, is not an “author”.

 

[pennyk]

But perhaps you should negotiate a discount with the architect.... since you have effectively subsidised their work for this second development!

 

[Perp]

But perhaps you should negotiate a discount with the architect.... since you have effectively subsidised their work for this second development!

Oh, please, can I have tickets to this conversation?

 

[Aaron Sice]

1) the architect retains all copyright to the plans.
2) you have paid for a release of those plans to use on your block.
3) if you use those plans on another block, you will need to attain a copyright release - either paid or otherwise.
4) as the architect remains the owner, they are free to distribute the plans for free or profit as they see fit.

You may feel ripped off, but the law is very, very clear about such matters.

 

[Ocean Architect]

Call the HIA and ask to be put in touch with a gentleman by the name of Robert Harding. He is a barrister that deals with precisely this.

 

[pennyk]

Oh, please, can I have tickets to this conversation?

I know, but it would be good to let the architect know that their actions have probably damaged their business rather than made them "easy money".

I'm sure most developers would feel a sense of betrayal that the architect used the same plan, particularly if it is a block next door (unless you were aware that you were buying an "off the shelf" development plan.)

If it were me, and I tend to be a bit on the nasty side , I would ensure I let other developers know to steer clear of these architects. (but not on a public forum!! )

It might be legal to do what they've done, but I dont think its responsible...... or commercially sensible.

 

[dantro]

Obviously i'm not going to take this anywhere even if we did have a case, i'm just curious.

I would try to prevent the neighbors doing this before it gets built. I'm not sure if that's possible (maybe you have an argument on preservation of street character - i.e. too many identical units not so appealing from council's point of view - if they are yet to approve the development...?

Having an identical set of units next door could have a negative effect on your own development. (e.g would you rather own a unit in a 3 unit complex or a unit in an "apparent" 6 unit complex?) How many units are they duplicating?

If this is a valid argument, you could even go straight to the developer next door and say that you'll take them to VCAT (or the Adelaide equivalent), make objections to council, which will add to their holding costs. Better still, you could try to make them understand that duplicating properties will only harm both of you in the end anyway.