News & Analysis as of

Copyright Infringement Copyright Architects

Stoel Rives LLP

License to Build: The Importance of License Terms in Design Agreements

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Plans, drawings, and related design documents are needed at all stages of a construction project, from early concepts and permitting to site preparation and construction itself. Many professionals in construction and property...more

Quarles & Brady LLP

A Rare Hole-in-One for Copyright Protection?

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A new bipartisan bill relating to copyright protection may be a hole-in-one for golf course architects and owners....more

Troutman Pepper

Suit for Copyright Infringement of Architectural Plans Allowed to Move Forward

Troutman Pepper on

In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and...more

BCLP

A refresher on copyright - Lennox Estates v S&W Ventures

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Imagine...you own a site. You give an option to a developer to buy that site subject to obtaining planning permission. It gets the planning permission, using planning drawings prepared by a firm of architects that it engages,...more

Woods Rogers

Ownership and Use of Architectural Plans and Drawings

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Who has the right to use architectural plans and drawings prepared by an architect for a specific project?  What happens if the project on which the architect was working and the architect both leave one firm and move to...more

Carlton Fields

Court Rejects Claim That Arbitrator’s Ruling Was In Manifest Disregard Of The Law

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A court has granted a petition to confirm an arbitration award despite the defendant’s argument that the arbitrator acted in manifest disregard of the law. While acknowledging questions regarding the continuing viability of...more

Snell & Wilmer

A House of Cards: How Much Copyright Protection Remains for Architectural Works

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Although copyright protection in the United States was extended to architectural works in 1990, this protection has become increasingly narrow. A recently issued Eleventh Circuit opinion, Arthur Rutenberg Homes, Inc. v. Jewel...more

McDermott Will & Emery

Delivering Architectural Plans May Create Implied License - Hunn v. Dan Wilson Homes, Inc.

McDermott Will & Emery on

Where an architectural draftsman left his design firm mid-project and later used partial plans drawn during his employment to complete the project, the U.S. Court of Appeals for the Fifth Circuit affirmed the ruling that the...more

Carlton Fields

Playing with House Money: Fifth Circuit Holds that Home Designs Can Constitute Advertisements

Carlton Fields on

Insurers – who bear the burden of crafting unambiguous policy language defining the contours of coverage – constantly face difficulty in attempting to predict unexpected liability. And sometimes, Courts can make this job far...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - March 2015

New York Federal Court Rejects Insurer’s Request for Recoupment - Why it matters: The federal court, applying New York law, held that an energy drink manufacturer’s advertising coverage claim—arising from underlying...more

Bilzin Sumberg

The Need for Homebuilder Vigilance About Copyrights

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Are homebuilders as vigilant as they should be in protecting their intellectual property rights — including the copyrights that qualifying architectural drawings and structures receive automatically as a matter of law, even...more

Baker Donelson

Builder Beware! Does Your Project Infringe Someone’s Copyright?

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On Friday, November 8, 2013, the United States Circuit Court of Appeals for the Fifth Circuit, which comprises Texas, Louisiana, and Mississippi, affirmed a $3.2 million damages award for copyright infringement in favor of...more

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