• Architectural Plans Are Protected By Copyright and Found To Be Infringed
  • August 2, 2013
  • Law Firm: Borden Ladner Gervais LLP - Toronto Office
  • A Small Claims decision has found that architectural drawings designed by the Plaintiff were substantially copied by the Defendants and therefore the Defendants were jointly and severally liable for the damages.

    A home owner had engaged the Plaintiff to design a new home and provide drawings of their discussions. The home owner then provided those drawings to a different builder who made some changes but substantially used the drawings in building the custom home.

    The Deputy Judge found that there was copyright in the drawings; copyright resided in the Plaintiff; the failure to mark the drawings as copyrighted did not defeat the claim; and, the Defendants infringed by taking a substantial part of the original.

    Damages were assessed at $11,600, the mid-point of each party’s positions.