One of the matters we are often asked for advice is in relation to building plans where a person has taken a set of plans they have obtained from a builder, architect or draftsperson and believe they can use them without recourse to the owner of the copyright.
Sometimes the breach is so obvious that the infringing party does not even materially change the plans and sometimes not at all.
What is Copyright?
Copyright is the protection that is afforded to a person whose original ideas whether in writing, visual images, music or moving images are infringed.
The Copyright Act 1968 (Act) is the legislative instrument that protects a person copyright in Australia.
It does not protect ideas or information, only the original expression of ideas or information such as plans that are drafted for the design of a house.
It is protected for the life of the creator plus 70 years.
It does not have to be registered, and the protection commences once the work has been completed.
An owner of copyright is entitled to put a copyright notice on the work, but it is not required. This is the symbol ©, generally with the name owner and the year of creation or first publication
For example – © 2026. Joe Builder
Building Plans
As indicated copyright is an automatic right given to the person who has drafted the plans and the Act gives the owner the exclusive rights to:
- reproduce the work in a material form;
- publish the work; and
- communicate the work to the public.
Therefore, unless otherwise agreed the person who drafted the plans owns the right to the plans.
If you want to use the plans, then you should ask permission, and this can be achieved by an assignment or a licence.
An assignment transfers the ownership to you whilst a licence allows you to use the plans.
To substantiate a breach of the copyright in a building plan there must a substantial part of the plans that were copied.
The law focuses on the quality of what is copied rather than the exact amount or percentage with the focus being on the importance of what is taken rather than the exact amount.
For example, if you change the plan of one room, but the overall house design is still the same as the original drawings, it is most likely amount to an infringement of the copyright.
If you discuss concepts with an architect or draftsperson rather than provide actual drawings this would not generally be a breach of copyright because the Act does not protect ideas or concepts but only the expression of such as would be the case with the building plan.
Copyright will only protect original work it will not protect plans which include common or standard elements used from an industry perspective.
Damages and penalties for breaching copyright
Damages and penalties for breach of copyright can include:
- Compensation in the form of monetary amounts for the financial loss suffered such as lost sales etc
- Account of profits which arises from the infringing party using the building plans for their own gain
- Damages pursuant to the Act where a judge can impose penalties for the infringement of the building plans
Further a court can order an injunction to prevent the infringing party from using the plans and/or the delivery up or destruction of the plans.
How can FC Lawyers help?
Our team can provide advice on the whole range of copyright issues relating to building plans as well as just general copyright advice. Contact our team today to discuss how we can assist you.
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