May 16, 2008

Copyrights

All of American Gables, Inc. plans are protected under the United States copyright laws. Reproduction of the plans or illustrations in any way is strictly prohibited.

Although we make every effort to ensure the accuracy of our plans and plan information, we reserve the right to make corrections on our floor plans or elevations as necessary. Color renderings are the artists conception and may vary from the actual working drawings.

Photographed homes may have been modified from the original working drawings based on changes from the builder or homeowner.

The following statement is provided by the House Plan Marketing Association:

What You Should Know About Home Plan Design Copyrights

1. HOME PLANS ARE COPYRIGHTED! - Just like books, movies and songs, home plans receive protection under the federal copyright laws. The copyright laws prevent anyone, other than the copyright owner, from reproducing, modifying or reusing the plans or design without written permission of the copyright owner.
2. DO NOT COPY DESIGNS OR FLOOR PLANS FROM ANY PUBLICATION, ELECTRONIC MEDIA OR EXISTING HOME - It is illegal copy home designs found in a plan book, CD-ROM or on the Internet. It is a common misunderstanding that making changes to or redrawing a plan found in a plan book is permissible. It is not. The right to modify plans is one of the exclusve rights of copyright. It is also illegal to copy or redraw a constructed home that is protected by copyright, even if you have never seen the plans for the home. If you find a plan that you like, you must purchase a set of plans from an authorized source.
3. REUSE POLICY - Purchasing a plan with 5 or 8 sets of blacklines grants you a license to build that particular plan only one time. Purchasing a plan on vellum or CAD files grants you a license to build that particular plan an unlimited number of times.
4. HOUSE PLANS IN THE FORM OF BLUEPRINTS OR BLACKLINES CANNOT BE COPIED OR REPRODUCED - Plans, blueprints or blacklines cannot be copied or reproduced without the prior written consent of the copyright owner. If additional sets are required for estimating or construction, please contact the home designer for additional sets at a nominal cost. Copy shops and blueprinters are prohibited from making copies of these plans.
5. HOUSE PLANS IN THE FORM OF BLUEPRINTS OR BLACKLINES CANNOT BE REDRAWN - Plans cannot be modified or redrawn without first obtaining the copyright owner's permission. With your purchase of plans, you are licensed to make non-structural changes by "red-lining" the purchased plans. If you need to make structural changes or need to redraw the plans for any reason, you must purchase a reproducible set of plans (see topic 6) which includes a license to modify plans. Blueprints do not come with a license to make structural changes or to redraw the plans. You may not reuse or sell the modified design.
6. MODIFIED DESIGNS CANNOT BE REUSED - Even if you are licensed to make modifications to a copyrighted design, the modified design is not free from the original designer's copyright. The sale or reuse of the modified design is prohibited. Also, be aware that any modification to plans relieves the designer from liability for design defects and voids all warranties expressed or implied.
7. WHO IS RESPONSIBLE FOR COPYRIGHT INFRINGEMENT? - Any party who participates in a copyright violation may be responsible, including the purchaser, designers, architects, engineers, drafters, homeowners, builders, contractors, sub-contractors, copy shops, blueprinters, developers and real estate agencies. It does not matter whether or not the individual knows that a violation is being committed. You've heard it before: Ignorance of the law is not a valid defense! Refuse to be a party to any illicit copying or use of designs, derivative works, prints, design features or homes.
8. PLEASE RESPECT HOME DESIGN COPYRIGHTS - In the event of any suspected violation of a copyright, or if there is any uncertainty about the plans purchased, the publisher, architect , designer or House Plan Marketing Association should be contacted before proceeding. Awards are sometimes offered for information about home design copyright infringement.
9. PENALTIES FOR INFRINGEMENT - Penalties for violating a copyright may be very severe. The responsible parties are required to pay actual damages caused by the infringement (which may be substantial), plus any profits made by the infringer commissions to include all profits and from the sale of any home built from an infringing design. The copyright law also allows for the recovery of statutory damages, which may be as high as $150,000 for each infringement. Finally, the infringer may be required to pay legal fees, which often exceed the damages.