There is no requirement that architectural drawings contain sufficient detail to support actual construction in order to warrant copyright protection under Section 102(a)(5) of the Copyright Act, the U.S. Court of Appeals for the Second Circuit held Aug. 15 (Scholz Design v. Sard Custom Homes LLC, 2d Cir., No. 11-3298, 8/15/12). — Bloomberg BNA
In a recent legal case issued by architecture firm Scholz Design Co., against builder Sard Custom Homes, it was confirmed that “Copyright protection of a pictorial work, whether depicting a house, or a flower, or a donkey, or an abstract design, does not depend on any degree of detail.”
Initially, however, in a lower court, the judge decided in favor of Sard Custom Homes, the defendant, claiming the stolen designs were taken from drawings with insufficient detail. When Scholz Design appealed, a higher court dismissed the initial decision, in favor of the plaintiff.
Good news for architects!