The Federal Court has decided a dispute between two project home builders about the copying of architectural plans. The applicants contended that the respondents infringed copyright by copying the applicants’ house plans. The plans included an “alfresco quadrant” comprising a kitchen, meal area, rumpus room and outdoor area under a single roof line.

The Court found that the house plans satisfied the originality requirement for copyright protection. The plans were considered to be different from common place architectural designs in the project home market, particularly with regard to the “alfresco quadrant”. The Court found that what was copied was both qualitatively and quantitatively a substantial part of the applicants’ plans. The objective similarities between the applicants’ plans and a prototype used to derive the respondents’ plans were found to be indicative of copying. Justice Gilmour relied on expert evidence and impressions from his own observations of the buildings in reaching his decision in favour of the applicants.

The managing director of the corporate respondent, who had knowledge that house designs were derived from the applicants’ plans and had power to prevent such copying from occurring, was found to have authorised copyright infringement. The Court found that the product development manager of the corporate respondent, having direction and control over the designer who copied the applicants’ plans, was also personally liable for authorising infringement.

Barrett Property Group Pty Ltd v Metricon Homes Pty Ltd [2007] FCA 1509 (28

September 2007)

To view the case, click here.