Scholz Design, Inc. v. Sard Custom Homes, LLC, 691 F.3d 182 (2d Cir. 2012).
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| Scholz Design, Inc. Springvalley A Design |
The district court dismissed a claim for
copyright infringement based on copying of architectural drawings created in
1988 and 1989 pursuant to a motion under Rule 12(b)(6) of the Federal Rules of
Civil Procedure. The district court
reasoned that because the drawings contained insufficient detail from which to
construct a building and because the drawings pre-dated the Architectural Works
Copyright Protection Act (“AWCPA”), the drawings were unprotected by
copyright. The Second Circuit reversed,
finding that the drawings were original pictorial works subject to copyright
and had been exactly copied and published on Defendants’ website. Because the claim was not based on
protections granted by the AWCPA but on protections in the Copyright Act
generally covering pictorial works, the plaintiff had stated a valid claim.
To read Judges Leval, Sack, and Hall's decision, click here.
www.dunnington.com
Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook (Thomson Reuters Westlaw 2012-2013) by Raymond J. Dowd
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