Computer-Aided Design Does Not Make You a Copyright Cad

By: Suzanne Bretz Blum
Appeared in Cleveland Crain's Business Guest Voices, July 17, 2017

Architects, designers and developers in the age of computer-aided design (CAD) are understandably uncertain about copyright protection for architectural plans, criteria drawings, layouts and other instruments of service.

A recent decision out of the U.S. District Court for the Northern District of Ohio found that copyright infringement did not arise from layering another architect's prototype plans into a CAD file and using them as part of a "tool kit" to create new architectural plans because the new plans were not shown to be substantially similar to the prototype plans.

The court also found that the owner of the prototype plans could not prove its claim that use of the plans in a CAD program amounted to removing the owner's copyright identification in violation of the Digital Millennium Copyright Act. The DMCA is an amendment to federal copyright law intended to adapt copyright protection to circumstances that arise with the use of digital technology. The Court's findings, particularly those on the DMCA's application to standard practices using CAD, break new ground in providing copyright guidance to professionals in the fields of development, design and construction.

To read more, CLICK HERE

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this web site or any of the links contained within the site do not create an attorney-client relationship between Thacker Robinson Zinz LPA and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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Computer-Aided Design Does Not Make You a Copyright Cad

By: Suzanne Bretz Blum
Appeared in Cleveland Crain's Business Guest Voices, July 17, 2017

Architects, designers and developers in the age of computer-aided design (CAD) are understandably uncertain about copyright protection for architectural plans, criteria drawings, layouts and other instruments of service.

A recent decision out of the U.S. District Court for the Northern District of Ohio found that copyright infringement did not arise from layering another architect's prototype plans into a CAD file and using them as part of a "tool kit" to create new architectural plans because the new plans were not shown to be substantially similar to the prototype plans.

The court also found that the owner of the prototype plans could not prove its claim that use of the plans in a CAD program amounted to removing the owner's copyright identification in violation of the Digital Millennium Copyright Act. The DMCA is an amendment to federal copyright law intended to adapt copyright protection to circumstances that arise with the use of digital technology. The Court's findings, particularly those on the DMCA's application to standard practices using CAD, break new ground in providing copyright guidance to professionals in the fields of development, design and construction.

To read more, CLICK HERE

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this web site or any of the links contained within the site do not create an attorney-client relationship between Thacker Robinson Zinz LPA and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Back to posts
Print article

Computer-Aided Design Does Not Make You a Copyright Cad

By: Suzanne Bretz Blum
Appeared in Cleveland Crain's Business Guest Voices, July 17, 2017

Architects, designers and developers in the age of computer-aided design (CAD) are understandably uncertain about copyright protection for architectural plans, criteria drawings, layouts and other instruments of service.

A recent decision out of the U.S. District Court for the Northern District of Ohio found that copyright infringement did not arise from layering another architect's prototype plans into a CAD file and using them as part of a "tool kit" to create new architectural plans because the new plans were not shown to be substantially similar to the prototype plans.

The court also found that the owner of the prototype plans could not prove its claim that use of the plans in a CAD program amounted to removing the owner's copyright identification in violation of the Digital Millennium Copyright Act. The DMCA is an amendment to federal copyright law intended to adapt copyright protection to circumstances that arise with the use of digital technology. The Court's findings, particularly those on the DMCA's application to standard practices using CAD, break new ground in providing copyright guidance to professionals in the fields of development, design and construction.

To read more, CLICK HERE

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this web site or any of the links contained within the site do not create an attorney-client relationship between Thacker Robinson Zinz LPA and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Back to posts
Print article

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