| House Plans Copyright Notice
Thank you for allowing us to be part of your home plan purchasing experience. We appreciate your business and want to take this opportunity to explain important information about our copyright. By providing you with the facts, we hope to clarify any confusion and exclude you from legal trouble.
How can I avoid legal action?
1. Home Plans are COPYRIGHTED! Donald A. Gardner Architects, Inc. and/or Donald A. Gardner, Inc. designed -- and hold the copyrights to -- the pre-designed Plans on this web site. When purchasing bond (paper) sets of plans, in return for payment of a one-time fee, we grant the buyer a limited license to use the Plans for the construction of one house. With the purchase of a reproducible vellum or house plans on CD, the buyer is granted an unlimited license to make multiple copies of the plan and to build the home as many times as they wish. As of Jan 1, 2009 - we will no longer offer this license on any product. Just like books, movies, and songs, federal copyright laws protect the intellectual property of architects and home designers by giving copyright protection to home plans and designs. The copyright laws prevent anyone from reproducing or reusing the plans or design without written permission from the copyright owner.
2. Don't copy designs or floor plans from any publication, electronic media or existing home. It is illegal to create construction drawings of home designs found in any plan book, CD-ROM or on the Internet. It is a common misunderstanding that it is permissible to copy, adapt or change a floor plan or design found in any media. It is not. It is also illegal to copy a constructed home 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, plans must be purchased from an authorized source.
3. Study Sets. The purchase of one set of plans does not give you the license to build the home. It is a study set and is marked "Not for Construction." A minimum of 5 sets must be purchased to receive the license to build the home.
4. ONLY the electronic file of the plans on AutoCad and the Vellum provide the license to build the home an unlimited number of times. As of Jan 1, 2009 - we will no longer offer this license on any product. Any other bond set plan package purchase only includes the license to build the home ONE time.
5. Building more than one home from a bond set of plans is an infringement of copyright. The purchase of additional sets of plans does not give you the right to construct more than one home. Contact our customer service department to determine if a reuse fee applies to your order and can be paid to receive another license to build the home.
6. Plans and blueprints cannot be copied or reproduced unless vellums are purchased. If additional sets of plans are needed for estimating or construction, please contact us to purchase additional sets at a nominal cost. Copy shops are prohibited from making copies of these plans. If reproducible vellums are purchased, they come with a license to copy the plans an unlimited number of times and the home can also be constructed an unlimited number of times. As of Jan 1, 2009 - we will no longer offer this license on any product.
7. Modification to plans. You may want to make some revisions to adapt to your specific needs, and some states require the Plans to be sealed and/or redrawn by a professional (architect or engineer) licensed in that state. Even if you make modifications to a copyrighted design and/or have the plans completely redrawn, the modified design is not free from the original designer’s copyright. In addition, we are not liable for any change, and you accept full responsibility for the accuracy and integrity of any changes or modifications. You, the purchaser, are responsible for any charges incurred for modifications or to meet local codes.
8. Who is responsible for copyright infringement? Any party who participates in the violation may be responsible whether you were aware of the copyright or not. Ignorance of the law is not a valid defense. Refuse to be part of any illicit copying or use of designs, derivative works, prints, or design features by being certain of the original design source.
9. Penalties for infringement. Penalties for copyright infringement can be quite severe. Violators may be required to pay statutory damages up to $150,000.00, actual damages, profits made, and the designer's reasonable attorney fees.
10. The Plans may not be used by, transferred or resold to another person. Your payment of a fee for use of the Plans does not transfer any right, title or interest in the Plans, except as provided in the license agreement. You may loan all or any part of the Plans to third parties including associates, contractors and sub-contractors, but only as is necessary to assist you in the construction of the home depicted by the Plans. You agree to retrieve all loaned Plans after assistance is completed.
11. Derivative Works. When you modify a home plan, the new plan is considered a derivative of the copyrighted work. The copyright owner of the original work also owns the copyright to the derivative work. Even if changes are made to a plan and you want to build the home multiple times, you must pay the applicable reuse fees or have a license of the original plan to build the home multiple times. You must also display the copyright owner’s copyright notice when displaying the plan and/or derivative plan.
What else should I know?
At the time of creation, your Plans conformed to the CABO One and Two Family Dwelling Code or the International Residential Code. Heating and air conditioning layouts are not included. Consult a local mechanical contractor to ensure compliance with your local codes and to ensure that the correct size and type of equipment is used for your particular region and climatic conditions.
We hope this information has been helpful. We value your business and appreciate your support in protecting our work. If you have any questions or concerns, please call our Customer Service Department at 1-800-388-7580 or click here.