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Copyright and Copyright Information
Copyright and Copyright Information
Copyright Infringement Notice
If you know of any Individual or Builder who is planning, or is currently constructing a home, or has done so in the past from our plans illegally and without a license, or if you see a builder repeating multiple constructions from one set of plans with only one license, even if the builder incorporated changes to the plans, or if you have information and documentation of some architect, individual, draftsman, designer or design organization or entity copying our designs or modifying our plans from our plans, prints, construction documents or sales brochures, even if you work for someone doing this activity, please contact us immediately toll free at 1-888-807-6622. Making “derivative works” from our plans or original design concepts in whole or in part is illegal and strictly prohibited. All Luxury Stock Plans licensed prints display a “RED COPYRIGHT STAMP” in the upper right corner of the title block. If the stamp is not present or not in RED that print is an unauthorized duplicate “copy” and any construction built from it may be illegal as well. Your knowledge regarding copyright infringement is time sensitive information and may lead to an immediate or future reward when applicable. If you question or have suspicions and doubt, or simply are not sure that a license is legit, or if you know of someone violating a copyright by using our design or creating a derivative then contact us, we have documentation and the location of every plan purchased. A reward may be given upon the successful prosecution and monetary collection from individuals or entities violating our copyrights. For more information about copyrights click to our “COPYRIGHT” section in the bottom toolbar or located on the Info Center page.
What Is a Copyright
Copyright laws exist to protect the interest of all parties. Violation of a copyright has both serious criminal and civil penalties. Ignorance of these laws is no excuse when you are prosecuted. Like books, movies, photography, or songs each have specific protections. Federal Copyright law like patent law protects the intellectual property of architects and home designers with copyright protection for home plans and designs. Copyright law prevents anyone from illegally reproducing, modifying, or reusing home plans or designs in whole or in part including creating “derivative works” without the expressed written permission from the copyright owner. Unauthorized use of a design copyright is illegal and violators face both serious criminal and civil penalties and even sometimes jail.
Modification License Agreement
Luxury Stock Plans policy requires that all modifications to its Stock Plans be done by Luxury Stock Plans modification services department. However, due to any permitting requirements, deadlines and timing issues, or the amount and complexity of changes, or due to current Luxury Stock Plans job log constraints, Luxury Stock Plans may authorize you to purchase the CADD files (drawings in electronic AutoCAD ™ format) of the plan so you may contract with an approved local architect/designer/draftsman to make the changes you need. However, CADD files are sold for additional fee with many restrictions, terms and conditions applying. Click PLAN MODIFICATION in the Info Center for details about a CADD drawing file purchase. (Remember, NO obligation exists on behalf of Luxury Stock Plans to sell or offer the sale of any CADD file(s) to any individual or entity for any reason whatsoever.) Luxury Stock Plans at its sole discretion may or may not offer a CADD file purchase from its stock plan portfolio. The purchase of a standard Plan Package does not come with any CADD file or electronic drawings. If Luxury Stock Plans agrees to offer and does sell you a CADD file, you will enter into a Modification License Agreement (MLA) so you may contract with your local design professional to make modifications for the plan designs. Take note, the resulting modified plans and design derived from utilizing the Luxury Stock Plans original is not free from the Luxury Stock Plans original copyright. Neither you nor the Architect, or Contractor/Designer has any rights to that “new” “derivative design” or the construction plans, except for you to construct one (1) dwelling unit in accordance with the MLA. A copy of the modified plans must be returned to Luxury Stock Plans to keep on file once the final changes are completed from which you plan to build from, and all construction prints must be purchased directly from Luxury Stock Plans and contain the RED copyright stamp. Here’s how it works, Copyright Law states, the modified plans based off an original design is called a “derivative work” and is subject to the same copyright protections as the original design. Buying a “MLA”, all parties agree that the resulting plan design attributed came from modifying a Luxury Stock Plans original design, and that resulting derivative plan design, and all rights to that derivative plan design shall remain, become, or be assigned to Luxury Stock Plans without exception. Furthermore, the plan purchaser and his contracted assigns who complete the modifications shall have no rights to the Luxury Stock Plans original design or the resulting design in the derivative work, including but limited to the construction plans, and shall forevermore quitclaim any rights or claims to that derivative plan design, shall assign all rights assumed, granted, declared or otherwise to the derivative work (Plans) over to Luxury Stock Plans, and shall refrain from any further future use of the “new” derivative plans or designs, including but not limited to making future additional derivatives from the “new” derivative plan design or from the Luxury Stock Plans original plan design for any additional use in any manner whatsoever unless expressly authorized in writing to do so by Luxury Stock Plans, agent for the original copyright holder. Modifying a plan design, or derivative for sale, resale, redesign, additional construction or multiple constructions, without a license from the original copyright holder is illegal and is considered copyright infringement. Click to Publications on Architectural Copyrights in the Info Center to learn more.
Multiple Dwellings License Agreement
With a Multiple Dwellings License Agreement (MDLA), Builders and Developers can purchase a plan design and construct multiple dwelling units based off those plans authorized by Luxury Stock Plans. You must CONTACT US directly to discuss details and fees, terms and conditions, and additional services we offer with this type of license, such as multiple front elevation designs, streetscapes and neighborhood planning, plan package discounts, artwork and marketing materials, and related plan design types you may wish to review.
Single Limited License Agreement
Each Luxury Stock Plans purchase includes a Single Limited License Agreement (SLLA) granting the original buyer the right to construct one (1) dwelling unit based off the plan designs within the plan package they purchase. Your plan purchase does not transfer any rights of the Luxury Stock Plans copyrighted design nor give any additional rights to the buyer whatsoever. Your plan purchase only allows the right to utilize the copyrighted design for a one-time (1) dwelling unit construction. For tracking purposes each license (SLLA) issued with a plan purchase is numbered and cataloged by Luxury Stock Plans. Use of that license is granted to the original buyer only and may not be transferred, assigned, or sub-licensed to any third party, entity, or individual without written authorization by Luxury Stock Plans to do so. If I choose not to build from my plans but want to sell or give them to someone else, you can legally do that, with a transfer of the (SLLA). If you choose not to build from the plan license you purchased but want to sell, pass on, or give your license to a third party for them to build from you must follow these step: 1). Being the original buyer only you can use the plan license. But if you decide not to build then you must contact Luxury Stock Plans and cancel your original license agreement if you want to “resale” meaning to (TRANSFER THE RIGHT TO BUILD FROM YOUR PLANS PACKAGE LICENSE PURCHASE). 2). You must request a new “re-issued” license from Luxury Stock Plans to be issued to the third party. There is a $100 dollar filing fee to transfer an existing license and reissue a new one to the other party. Luxury Stock Plans will send you the proper paper work to do so upon your request. 3). Once the new “re-issued” license is recorded and issued to the third party, the original license you purchased is void and no longer valid. Therefore you, the original buyer have no legal right to construct another dwelling unit in the future from the original plans and license you purchased unless you buy another new license for that plan or purchase a new plan design. If you do not have a valid license and you construct a home using Luxury Stock Plans plans or designs or if you create another plan by modifying the Luxury Stock Plans plan designs without a license and create a derivative work, you are committing Copyright Infringement. When notified Luxury Stock Plans shall pursue prosecution of any infringing parties violating Copy Law.
Similar to a computer software license agreement, home designs are copyrighted works. Laws are in place to protect these copyrights. A home plan, the design, or both or parts of the design can be copyrighted and subsequently a licensed be sold or issued to a buyer to construct a new home based off the designs contained in the plans purchased. A buyer cannot give nor share these plans they purchase with any individual(s), third party or entity for the purpose of using those same plans, making copies of plans or prints, or modifying those plans or the designs contained within the plans therefore creating a derivative work for the purpose of constructing another dwelling unit at another location. Such activities are prohibited and illegal, any violations face serious criminal and civil penalties. Other License offers available: Contact Us for more information regarding these topics. Single Limited License Agreement Multiple Dwellings License Agreement Modification License Agreement Purchasing Additional Prints Rewards for Info on Copyright Infringements
Common Misconceptions you need to be aware of
FACT : The Statue of Limitations does not begin from the date an infringement takes place, but once the copyright holder discovers the infringing activity. FACT : Some individuals, architects, designers, and builders do not take Copyright law seriously. That can be an extremely expensive mistake. In a recent case, a design firm from Texas pursued the rights to its intellectual property (i.e.; plan designs) and won a $ 5.2 million dollar settlement against a Virginia building company who used copyrighted designs illegally, and on numerous buildings. FACT : Some Builders think just because they purchase a plan one time, they have the right to build multiple homes based off those plans. They do not have the right to do so, unless expressly authorized in writing from the copyright holder. Making reproductions of a plan, or prints, or the plan designs in whole or in part is not allowed. FACT : Even banking and lending institutions, realtors and brokers although unaware of the infringement activity, but who may be profiting from infringed “pirated” plans or designs have been successfully pursed by copyright holders for all sales commission profits, legal reimbursements and more from the sale of homes that a builder or individual constructed using plan designs without the legal right to do so. FACT : Be aware, statutory damages ranging from $ 75K to $ 150 K, plus all profits from the sale of a dwelling, recoup of all attorney fees, court cost, and lost profits for each infringement is typically pursued in every case. Ignorance of this law is no defense when a claim is filed against you. FACT : Most infringement is not discovered by the copyright holder, but rather turned over by someone with knowledge of the activity like a disgruntled employee, or a homeowner with the same design, and many times by happenstance. Who ever notifies the copyright holder of infringement activity, those who violate the copyright often never know how they were “out-ed”.
Architectural Copyright Information
There are many sources for understanding Copyright law and how it is applied in the Architectural field. Listed below are those with specific expertise in the area of Intellectual Property rights, trademarks, and patents. Know your rights and limitations. Note, any listing of contact information is no endorsement or solicitation for any legal services of any kind, simply as a public resource. Many firms and institutions assist with or specialize in Intellectual Property rights awareness; this publication is specific to House Plans; Publication: “Copyright Basics for Home Designers and Publishers” Visit the website of the law firm Coats & Bennett of North Carolina, and download a free PDF file of a publication authored by David E. Bennett (1996). This book explains in detail the application of laws as applied to “architectural works”. THIS IS A MUST READ! http://coatsandbennett.com/images/pdf/Copyright-Basics-Home-Designers.pdf author, David E. Bennett Email to: firstname.lastname@example.org Coats & Bennett, P.L.L.C. 1400 Crescent Green Suite 300 Cary, North Carolina 27511 Tel. 1-800-575-1278
Getting Permission to use Architectural Works
Keep these principles in mind as you pursue permission to use archival materials related to architectural works: Documents as well as the building can be copyrighted. The design may also be patented. Even if all of the copyrights of a firm or architect are transferred in writing to an archive, the archive should not assume that it owns copyright in all the transferred artifacts, because: A particular project may have been done as a work-for-hire or as part of a consortia effort, either of which arrangements could vest copyright ownership in another entity besides the firm or the architect that did the work. Always determine copyright ownership on a project-by-project basis. Here’s how to get started: 1. Determine the authors of the project. 2. Look for any contracts in the project collection. Traditionally (and as aided by Standard American Institute of Architects documents B141 and B161, located in the Handbook of Professional Practice [UT Architecture and Planning Library Reference NA1996 A726 1994]), owner-architect agreements define architectural drawings and specifications as "instruments of service." This means that the architect usually retains ownership of copyright and sells only his or her services. 3. Copyright may have been transferred to the architect’s or firm’s client if the work was commissioned as a work-for-hire. This would have to be set out in a contract, signed by the parties. 4. If the architect or firm retained copyright and transferred it to the archive by a written agreement, the archive may grant permission. 5. If the architect or firm did not transfer copyright to the archive, permission must be sought from either the architect or firm, or the client if the copyright was transferred to him or her. 6. In the case of a jointly owned work, discuss with at least one owner whether the owners have an agreement to require approval from all the owners for any use of the work. Generally, joint owners can grant non-exclusive rights to others without the agreement of their co-owners; however, in the absence of agreement from all joint owners, no owner can assign or exclusively license the copyright in the jointly owned work. 7. Consider whether the work might be in the public domain: when was the work created? Has it ever been published? Is the author deceased? A work is considered published when underlying plans, drawings or other copies of the building designed are distributed or made available to the general public by sale or other transfer of ownership, or by rental, lease, or lending. Construction of a building does not itself constitute publication for purposes of registration, unless multiple copies are constructed. Architectural works created on or after December 1, 1990, and any architectural works that were unobstructed and embodied in unpublished plans or drawings on that date are eligible for protection. Copyright Claims in Architectural Works. Circular 41. United States Copyright Office, The Library of Congress, August 1993.