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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3074
Experience:  Experienced in intellectual property law
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I am trying to get a new set of plans drawn new home. I am

Customer Question

I am trying to get a new set of plans drawn for a new home. I am using the general concept/shape/layout of another home that was built from copyrighted drawings. We would change the front of the house (add a porch), change the back of the house (add a larger and re-shaped deck), change the roofline to hip from multi-shape, and change the overall size by moving an exterior wall outwards, and change several internal dimensions. Overall square footage would be greater also due to internal changes.
Would this be a violation of copyright laws?
Submitted: 6 months ago.
Category: Intellectual Property Law
Expert:  Kendell Kelly, Esq replied 6 months ago.
Hello, my name is Kendell! Happy to help! Please remember that this is a tool for information only, we cannot give you legal advice and thus cannot tell you what to do or not (since that is prohibited).This should not be considered a attorney-client relationship. Also, please reserve your feedback until we have fully answered your question -- I will stick with you until we do.
Expert:  Kendell Kelly, Esq replied 6 months ago.
If a work is based on another work (like a painting of a picture) or requires little changes, the Copyright Act considers that a derivative work (http://www.copyright.gov/circs/circ14.pdf). Derivative works violate the underlying copyright unless the underlying copyright is licensed for use from the owner. In this case, you may be toeing the line...If your designer were looking at multiple homes for inspiration and then designing based on your wants, then there shouldn't be a problem. However, using one home as a basis and merely modifying it, could be an issue.
Expert:  Kendell Kelly, Esq replied 6 months ago.
Does this make sense?

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