NEW HIGH COURT RULING ON COPYRIGHT IN ARCHITECTURAL PLANS

Author: Matthew Smith

Publish Date: March 12, 2007

The High Court recently confirmed the right of an owner of a property to use architectural plans even though the owner was not the client of the architect.

In this case, the architect was a co-owner of the land and had prepared the plans free of charge as part of his contribution to the joint venture. The Court held that the architect had impliedly consented to the joint venture using the plans for the purpose of the joint venture development. This implied consent extended to the subsequent purchaser of the land. The Architect could not cancel or revoke this consent.

Whilst the case is based on some unique facts, it is a useful reminder that some architects are not taking the steps necessary to protect copyright in their architectural plans. For developers, the case provides a useful example of where a developer can use plans even if though they are not the architect’s client and have not paid for the right to use the drawings.

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