Copyright Law for Home Builders

By David N. Crump

This clear and practical explanation of copyright laws covers builders sketches, plans, and habitable buildings. The new edition incorporates recent case scenarios and sample contract language to protect the following: Your copyrightable sketches, plans, and structures Your rights to the plans you purchase from architects and others You from third-party lawsuits for plagiarism It also provides a sample franchise agreement for home plans, a sample reciprocal agreement, a fact sheet to educate your customers about copyright law, and a glossary.

• Language: English
• Publisher: BuilderBooks
• Release date: Jan 1, 2009
• ISBN: 9780867186505

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Copyright Law for Home Builders, Second Edition

Disclaimer

This publication provides accurate information on the subject matter covered. The publisher is selling it with the understanding that the publisher is not providing legal, accounting, or other professional service. If you need legal advice or other expert assistance, obtain the services of a qualified professional experienced in the subject matter involved. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favored status by the National Association of Home Builders. The views and opinions of the author expressed in this publication do not necessarily state or reflect those of the National Association of Home Builders, and they shall not be used to advertise or endorse a product.

©2009 by NAHB. All rights reserved. No part of this publication may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying and recording or by any information storage and retrieval system without permission in writing from the publisher.

ISBN-10: 0-86718-650-X

ISBN-13: 978-0-86718-650-5

For further information, please contact:

National Association of Home Builders

1201 15th Street, NW

Washington, DC 20005-2800

800-223-2665

Visit us online at www.BuilderBooks.com. Click on Digital Delivery button at www.BuilderBooks.com

Contents

1. Introduction to Copyright Law

Copyright Basics

Material Not Protected by Copyright

Originality

Ownership

Architectural Drawings

Buildings

Registration

Public Domain

2. Copyright Infringement

Actions, Remedies, and Damages

Statute of Limitations

Criminal Prosecution

Modification of Existing Plans

Recent Case Scenarios: Copyright Law for Architectural Works

3. Business Practices for Home Builders and Manufacturers

Dealing with an Architect

Customers with Their Own Plans and Sketches

Reciprocal Agreements Between Builders

Franchise Agreements

Internet Web Pages

Microsoft® clipart is not free to use on your web page.

4. How to Find an Intellectual Property Attorney

Appendix A. Sample Contracts and Clauses

Contract Language for Limited, Multiple Use of Architectural Plans

Option to Acquire Additional Limited Use

Option to Acquire Copyright Ownership

Contract Language for Acquisition of Copyright Ownership of Architectural Plans and/or Structure Design

Contract Language for Customer’s Plans or