What is the legality of copying a sample plan provided by Architect.

For the OP:
As far as I can see, the architects from which you got the drawings gave them to you freely as 'samples'. The following questions then come to mind:
1. Are these designs freely available to view on the practices website etc? If so they are more than likely already in the 'public domain' to some degree.
2. Copyright on 'architectural designs' is very difficult to enforce in law. The 'original work of art' comment in relation to copyright above is true, but unless the designs are very ususual it is difficult to prove that they are totally 'original' and that some other 'designer' could not have come up with the same thing themselves.

The main thing I wish to point out is that I think you are missing the point of hiring an architect in the first place. Just because a drawing they showed you at a preliminary meeting took your fancy, it does not mean that it is the only possible solution to your needs, or even the best one.
The benefit of actually hiring a good architect - instead of copying their plans - is that you will hopefully obtain a far better design for your needs an your budget, containing elements and solutions that you are not able to visualise on your own no matter how many plans you look at.

www.studioplustwo.com

threebedsemi - thanks for that. I have actually been in the house in question. It's how I got in touch with the architect that designed it in the first place. I literally saw it on the side of the road while driving far from home.

I had a very similar plan and layout in mind for years. This house however solved a couple of major design problems I was having as well as a number of other small touches which only an architect could have come up with.

I believe that the house and plans have been displayed before at conventions/expos, for what that is worth. And while I agree that the ideal scenario is to hire an architect, the fees are prohibitive, based on my situation.

I have not called the architect yet re permission to use their plans but when I do I will update this thread for any interested parties.

seanistaken
thats fair enough,
On the copyright thing, if the house design has been published as an example of excellent design, or recieved a design award etc., then it is easier to enforce copyright as there may well be a case to be made that the design is unique or original.

On the hiring an architect issue, I might venture to suggest that one of the reasons you liked the house you visited was that it was well detailed, well built and looked 'good'. This only happened because the architect in question was appointed for the detailing and construction stage of the project. An architect does not just 'do the drawings', and the best value in hiring one can actually be when you are on site or trashing out costs with a builder.

So you might consider aproaching the architect in question with a proposal that you appoint them on the bases that you are going to use much the same design as the one you like, including the detailed design drawings for tender and construction (which they presumably also have 'on file'), and for a full 'on site' service. You might be suprised what kind of a deal you can arrive at.

www.studioplustwo.com

threebedsemi said:

seanistaken
thats fair enough,
On the copyright thing, if the house design has been published as an example of excellent design, or recieved a design award etc., then it is easier to enforce copyright as there may well be a case to be made that the design is unique or original.

On the hiring an architect issue, I might venture to suggest that one of the reasons you liked the house you say was that it was well detailed, well built and looked 'good'. This only happened because the architect in question was appointed for the detailing and construction stage of the project. An architect does not just 'do the drawings', and the best value in hiring can actually be when you are on site or trashing out costs with a builder.
So you might consider aproaching the architect in question with a proposal that you use much the same design as the one you like, including the detailed design drawings (which they presumably also have 'on file'), and for a full 'on site' service. You might be suprised what kind of a deal you can arrive at.

www.studioplustwo.com

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Thanks for the suggestion. I have a local Architectural Services company in mind for the drawings and 'on site' service. I won't go into the gory details but money is tight as I have to sell a house to build this one. Also the actual architect is very far removed geographically from my location, so this is a factor. I am going to call them next week and see where the chips fall!

Docarch said:

Copyright is pretty much implicit.

But.....the difference is that if you paid somebody to draw up plans for you, and/or agreed and paid for somebody to draw up plans for you to a certain level, then you pretty much have in effect a license to use those plans as you like.

The difference is that the OP is suggesting that he would like to copy/use plans that were not drawn for him without the consent of the person who drew up the plans (or indeed the person who paid for the plans!).

You see the difference?

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Yeah, pretty clear, wasn't sure that the right to use them transferred to me due to the fact that we paid for them. Makes sense alright, but equally I would not have been surprised to hear an alternative view that suggested I would need permission etc.