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Architecture/Copyrights for Architectural plans

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Expert: - 9/10/2008


Question
I understand the copyright laws cover buildings, homes, etc. I've read somewhere that they do not cover things like sheds, garages, outhouses, ....structures that are "not habitable" by humans.

I submitted a GRAMA request to our local yokel government and was refused the plans for an obnoxious 2 storie "garage" (complete with heated floors, water, power, gas, sewer, etc) on the grounds that the plans were under "copyright."  I also know that because the city attorney says it's under copyright that it is not necessarily true. What say you?

Answer
You will have to consult a copyright attorney to find out exactly if the garage you have in mind to build is violating copyright or not.  My lay opinion is that the designer of any building structure can apply for copyright.  If this garage with second floor was built in your area and the city attorney or someone else has seen it before, then the assumption is that it has an automatic copyright.  Whether the original designer has actually registered the design with the copyright office or not has consequences on the type of redress available in a court case.
A good copyright attorney in Orlando Florida is Ava Doppelt:

Email:
adoppelt@addmg.com

Telephone:
407-841-2330, Ext. 148

Facsimile:
407-841-2343

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John Henry Architect

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I am interested in the artistic and theoretical aspects of architecture and urban design/planning. I can discuss the progression of classical to modern architecture, the general stylistic and technical development, the formation of towns and cities, the background and training of architects. Ask any question relating to the profession, working with an architect, background information, etc.

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