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| House Plans Copyright : |
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House Plan Gallery, Inc.
copyrights each of its designs in an effort to better control the
quality and liability of our work. Please read through our copyright
section to ensure that you do not perform activities with our designs
that are in violation of copyright laws.
1. All home plans present on this site are protected by copyright.
Reproduction of these home plans, either in whole or in part, including
any form and/or preparation of derivative works thereof, for any
reason without prior written permission is strictly prohibited.
The purchase of a set of home plans in no way transfers
any copyright or other ownership interest in it to the buyer except
for a limited license to use that set of home plans for the construction
of one, and only one, dwelling unit. The purchase of an additional
set (s) of that home plan at a reduced price from the original set
or as part of a multiple set package does not convey to the buyer
a license to construct more than one dwelling. Similarly, the purchase
of reproducible home plans carries the same copyright protection
as mentioned above. It is generally allowed to make up to a maximum
of 10 copies for the construction of a single dwelling only. To
use any plans more than once, and to avoid any copyright licenses
infringement, it is necessary to contact the plan designer to receive
a release and a license for any extended usage. Whereas a purchaser
of reproducible is granted a license to make copies, it should be
noted that as copyright material, making photocopies from blueprints
is illegal. Copyright and licensing of home plans for construction
exist to protect all parties. It respects and supports the intellectual
property of the original architect or designer. Copyright law has
been reinforced over the past few years. Willful infringement could
cause settlements for statutory damages up to $100,000.00 plus attorney
fees, damages and loss of profits.
2. Plans MAY NOT be used to build more than one house.
All home plans include a copyright release and a license to use the
documents to construct a single home. When you purchase construction
documents, we, as licensor, are granting to you, as licensee, the
right to use the documents to construct a single unit. This is an
exclusive license, which may not be resold, duplicated, published
or distributed without written permission of the designer, architect
or publisher.
3. Reproducing Blueprints:
Construction blueprints may not be reproduced without prior written
consent of the designer or publisher. If additional sets are required
for estimating or construction, please contact us for additional
sets at a nominal cost. Copy shops and blueprinters are prohibited
from making copies of these copyrighted documents.
4. Making Design Modifications:
As a plan licensee, you may customize the design to fit your personal
preferences, but you must understand that the modification of the
plan is performed at your own risk
and should be reviewed by a professional architect, home
designer or engineer prior to the start of construction. Modified
plans are considered "derivative works" of the original, and it
is critical that you understand that these "derivative works," as
well as the original work, still retain copyright protection. Any
"derivative work" or revised design, even if completely redrawn,
may not be sold, duplicated, distributed or used to construct any
units without the purchase of a license from the publisher, architect
or designer.
5.
Copying Designs / Plans from other media (i.e. web sites, publications,
electronic mediums, etc):
It is illegal to copy home designs found in any plan book, on a CD-ROM or on the Internet.
It is a common misunderstanding that it is permissible to copy,
adapt or change a floor plan or a design found in this book. It
is definitely not. It is also illegal to copy any existing home that may have
been built, that is protected by copyright, even if you have never
seen the plans for the home. If a particular home plan or existing
home is desired, a set of plans must be purchased from an authorized
source.
6.
Using the Home Plans:
As a plan licensee, you may lend
the home plans to third parties (builders, contractors, sub-contractors,
inspectors, governmental agencies, etc.) as necessary to assist
in the construction of the dwelling involved. All such "lent"
plans must be retrieved and destroyed, except for the owner's reference
sets, and those sets required by governmental agencies, after such
assistance has been completed.
7.
Who is responsible for COPYRIGHT INFRINGEMENT?
All parties,
including the purchasers, designers, drafters, home owners, builders,
contractors, sub-contractors, copy shops and blueprinters may be
responsible if a copyright is violated. It does not matter whether
an individual knows that a violation is being committed. You've
heard it before: ignorance of the law is not a valid defense! To
avoid legal complications and damages, it is critical that you be
certain of the original plan source, and refuse to be a party to
any illicit copying or borrowing of designs, derivative works, prints
and design features.
8.
PLEASE RESPECT HOUSE PLAN GALLERY, INC. COPYRIGHTS:
In the
event of any suspected violation of a copyright, or if there is
any uncertainty about the plans purchased, the publisher, architect
or designer should be contacted before proceeding. If a violation
of a home designer's copyright is suspected, House Plan Gallery, Inc.,
the designer or architect, and the Council of Publishing Home Designers
should be contacted. 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 the designer or architect's actual damages (which may be
substantial), plus any profits made. The copyright law also allows
the designer or architect to recover statutory damages, which may
be as high as $100,000. Finally, the infringer may be required to
pay the architect or designer's reasonable legal fees, which often
exceed the damages. |
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