Residential Real Estate Intellectual Property Construction

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

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

Tamawood v Habitare: A Recent Australian Decision on Copyright Infringement in Building Designs

Early last week, the Full Court of the Federal Court of Australia (Full Court) delivered its judgment in the case of Tamawood v Habitare Developments, a copyright infringement case in respect of project home designs. Habitare...more

Copyright in House Plans

A couple, the Ecklunds, approached Oakcraft Homes, a custom home-builder. Based on their discussions, Oakcraft prepared a house plan and gave a copy of the plan to the Ecklunds. The couple later took that plan to a rival home...more

The Need for Homebuilder Vigilance About Copyrights

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

Construction OberView: Word to the Wise Follow-Up: the 2007 AIA Form Contract

In the last edition of Construction OberView, we focused on the respective intellectual property rights that an owner and its architect have in the plans created by the architect, but paid for by the owner. In that article,...more

Construction OberView: Word to the Wise: Owners, Beware the Architect

In a perfect world, a project owner and its architect work as team to reach the successful completion of the project. Indeed, the architect can be invaluable in helping the owner achieve its vision for the project and in...more

Who Owns The Plans? Owners, Architects And Engineers, And The Federal Law Of Copyright

Bob has been saving up for his dream home his entire life. While not an architect himself, he follows architecture trends and visits buildings designed by Frank Lloyd Wright and I.M. Pei. After purchasing a plot of land on a...more

Dimalanta Clark, LLP Newsletter

Dimalanta Clark, LLP publishes a quarterly firm newsletter discussing various topics in the law. This issue includes an article co-authored by founding partner, Lee W. Clark, and Senior Associate, Lisa A. Lenoci that...more

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