Copyright Protection For House Plans

Lennar Homes of Texas Sales and Marketing, LTD., v. Perry Homes, LLC

The case of Lennar Homes of Texas Sales and Marketing, LTD., v. Perry Homes, LLC, has played a pivotal role in shaping the application of copyright law to architectural works. Specifically, the Lennar Homes case established that size and dimensions of home designs, the general layout of the home, and the overall form, look, and feel of the home are not protectable by copyright laws. The holding of this case serves as a guide for architects and designers, outlining the parameters of copyright protection in the context of custom home plans. 

Originality of Home Plans as a threshold.

The court in Lennar Homes first discussed the threshold for originality of home plans. It explained that the threshold for originality is low, merely requiring independent creation by the author and at least a minimal degree of creativity. The court stated that novelty is not a prerequisite, and even a slight amount of creativity is deemed sufficient. Further, when faced with a challenge to the originality of copyrighted material, the presumption of validity can only be overcome with evidence of copying or similarly probative evidence of originality. However, the court noted that when an idea can only be expressed in a limited number of ways, copyright protection is “thin,” and a work must be “virtually identical” to infringe. Lennar Homes of Tex. Sales & Mktg., Ltd. v. Perry Homes, LLC, 117 F. Supp. 3d 913, 934 (S.D. Tex. 2015) (quoting Mattel, Inc. v. MGA Entm’t, Inc., 616 F.3d 904, 913–14 (9th Cir. 2010)).

Factual Copying Of A House Plan And Substantial Similarity

The Lennar Homes court further explained that in order to prove actionable copying, a plaintiff must first show that the defendant actually used the copyrighted material to create his own work. This is known as “Factual Copying.” Once factual copying is established, the plaintiff must then show that the infringing work is substantially similar to protectable elements of the infringed work.

Factual copying, as the court explained, involves proving that the defendant used plaintiff’s copyrighted material to create their work. Substantial similarity requires a side-by-side comparison to determine if a layman would view plaintiff and defendant’s works as substantially similar.

When drafting, or having a third-party draft, custom home plans, ensure that any party involved in the creation of your custom home plans has not directly utilized copyrighted material without permission. Further, to avoid copyright infringement, confirm that your custom home plans are not substantially similar to other custom home plans such that an ordinary person would not perceive the plans as similar. 

Protectable vs. Unprotectable Elements In A Copyrighted House Plan

Copyright only protects the constituent elements of a work that are original to the author. “The mere fact that a work is copyrighted does not mean that every element of the work may be protected.” Feist Publications, Inc. v. Rural Telephone Service Co., Inc., 499 U.S. 340, 111 S.Ct. 1282, 1289, 113 L.Ed.2d 358 (1991).

Under the Copyright Act, an architectural work “includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.” 17 U.S.C. § 101. Thus, standard configurations of spaces, as well as common windows, doors, and other staple building components are excluded from copyright protection. However, “individual features that ‘reflect the architect’s creativity’ are not excluded.” H.R.Rep. No. 101–735, reprinted in 1990 U.S.C.C.A.M. 6935, 6949. Accordingly, should you wish to protect your original home plans from being copied, it is best to include creative features that stray from standard arrangements and compositions and incorporate unique design elements. 

House Plan Ideas/Expressions and Scènes-à-faire

The idea/expression dichotomy and scènes-à-faire both apply to architectural works. The idea/expression dichotomy provides that an author may not copyright facts or ideas, rather, only the expression of those facts or ideas. Thus, “‘[w]hen an idea can be expressed in very few ways, copyright law does not protect that expression, because doing so would confer a de facto monopoly over the idea.’” Lennar Homes of Tex. Sales & Mktg., Ltd. v. Perry Homes, LLC, 117 F. Supp. 3d 913, 934 (S.D. Tex. 2015) (quoting Kepner-Tregoe, Inc. v. Leadership Software, Inc., 12 F.3d 527, 533 (5th Cir. 1994)). The scènes-à-faire doctrine “excludes from copyright protection ‘expressions that are standard, stock or common to a particular subject matter or are dictated by external factors,’ including ‘industry demand and practice.’” Id. (quoting Eng’g Dynamics, Inc. v. Structural Software, Inc., 46 F.3d 408, 1344, 1347 (5th Cir. 1995)).

The Court in Lennar Homes explained that under the scènes-à-faire doctrine, applying it to architecture designs, standard house designs and market expectations such as features used by all architects, because of consumer demand, get no copyright protection. Id. at *939. To navigate these doctrines effectively while drafting your custom home plans, prioritize original and creative elements in your design, steering clear of commonplace features that fall under the scènes-à-faire doctrine.

Factors Contributing to Home Plan Copyrightability 

Lot size, market conditions, market expectations, consumer demand, and external constraints, such as zoning regulations, all contribute to whether certain elements of home plans are copyrightable. As such, generally, the general layout, overall form, look and feel of a home plan are not protectable elements. Accordingly, many home plans are not copyrightable as a “whole.” Rather, as discussed above, it is the original and distinctive elements of a home plan that is copyrightable.

Planning Your Copyright In A Home Plan

Architects must balance between protecting the creative endeavors of architects and designers and acknowledging the inherent limitations posed by copyright law. The Lennar Homes case serves as a guide, explaining that while certain fundamental aspects of home plans may not be subject to copyright protection, the original and distinctive elements remain safeguarded.

As professionals in the field navigate the intricate web of copyright law, it is imperative to embrace creativity, challenge the norm, and incorporate unique design features to establish the copyrightability of custom home plans. The interplay of doctrines such as the idea/expression dichotomy and scènes-à-faire demand a nuanced approach, urging architects to prioritize originality in their designs. Importantly, the factors contributing to home plan copyrightability, including market conditions and consumer demand, further emphasize the need for a tailored and thoughtful approach. Ultimately, in the field of architectural creativity, the protection of original home plans hinges on a comprehensive understanding of legal nuances, empowering architects to weave innovation into their designs while navigating an intricate legal landscape. 

Our copyright attorneys can assist in planning your copyright.