Copyright:
Copyright is a legal issue and specific issues regarding copyright should be addressed by a specialist legal entity. The following information is of a general nature to help explain issues of copyright in relation to design professionals and the building industry.
From time to time design professionals are asked to design a project based on another project that has been designed by another design professional. This can be as simple as a photo of a home from a magazine through to a plan of a display home the potential client has walked through.
It has been said that there is no claim on copyright if the plan is changed by 10% – This is utter nonsense and how can anyone determine if the changes add up to 10% or not. Please don’t even contemplate this as it isn’t the case.
Design professionals have invested years of education and experience which they apply to each and every project from which their client benefits. The client sometimes thinks that by providing a plan they will save substantial money in relation to the design fees. Remember that it will cost a lot more to defend any legal action plus there is a high risk of damages being awarded against the client should the defence fail. Furthermore if the project is under construction the litigator can also seek the suspension of construction while the case is determined by the court resulting in delays and exposing the client to further costs through a prolongation claim by the builder under the building contract. Ask yourself if it’s worth it!
