Discussion:
A designer published the footprint of a home he designed in a popular builders magazine. There are no details, only the basic room layout and overall square footage. The are pictures of the inside and outside along with a narrative.
I sent a copy of this to someone I would like to use to design a home for me. I would like to substancially change the interior and exterior, add another level, and remove sections of the interior. What I like is the basic layout of the rooms and the relationship to one another. I will also move from conventional framing to post and beam framing. I would like to use this as a "take off" for my own design.
My designer stated that I cannot use this without permission. I think he is being way to strict, I have none of the details other than a basic layout. I feel like I need to find someone else to do my design.
I could really use some good advice, I feel strongly that I am not violating any fair use type of copyright laws?
Thanks,
John
Answer:
You are probably going to have to get another designer. but legally you have a good basis for not doing so.
Copyright law provides that if you make significant changes, so that the finished item constitutes new work, you can copy the original work. It sounds as if you are making enough changes that the blueprints will be a new work. There are only so many ways to design a house (great room, cental hallway, chain of rooms, etc.) so many designs will be very similar.
The original intent of a fixed design is to have buyers use it as is, so that changes should easily qualify as a "new work".
The real factors will be 1) will anyone ever see your house? Do you intend on entering it in architectual contests, so that the publicity could result in your designer or you being sued? 2) Are you trying to save gobs of money on deisgn? Is the issue what you are trying to pay your design guy? Is the designer using the copyright issue as a cover for a fees dispute?
It sounds like you need to have a heart to heart talk with the designer to find out what the real problem is. Don't forget that there is cheap design software for this activity, then hire a "design/build" contractor to do the working drawing part. Good luck.