Interesting article Clive,
I have spent a fair amount of time browsing the display homes, more for ideas on finishes than anything else. I felt at the time that a number of layouts were quite similar with the difference being predominantly in how they were fitted out. Possibly this was because they may have been a Dale Alcock and an APG display (I cant remember).
The thing I find difficult is that how many real permutations of a 4×2 or 3×2 are there without going to an architect designed house, or being classified as too similar to an existing design. There are so many of the mass market homes out there that I would think it would be difficult to not come close!
I certainly don’t condone copying someone elses plans and submitting as your own, but am curious as to whether the smaller designers/builders feel the same way about their designs? If you are contracted to design a house and pay X for that design, shouldn’t you then own that intellectual property?
Jhopper,
Yes Dale Alcock is one of the Directors of the group that comprises APG, Webb Brown etc.
When I finally parted company with APG I was then faced with the dilemma you described, get plans drawn up, get approvals, find another builder etc. I decided at the time that with the additional delays that the risk of being caught in a down market was too great so sold the block. As it turns out I was wrong about the downturn.
As you correctly point out, most 3×2 and 4×2 houses (in the 120K range) look so alike that it is hard to see how copyright infringement can be determined. Nearly all seem to follow the same formula.
All I know is that in future I will have plans drawn up independently of any builder if contemplating another development.
Regarding APG I think they have a great product, their small lot buildings look great which is what drew me to them in the first place.
I just think the way they do business needs work, particularly with respect to being upfront with costs.Regards
Clive
Hi Andy,
In addition to obtaining legal advice about a copyright, it may be worth speaking to the council regarding the extent to which the development can be amended and then relodged as an “amendment” to the existing DA rather than as a whole new DA.
If you can find a balance between changing the design enough so as to not infringe copyright but not so much that the DA needs to start from scratch, you may be in luck.
It often depends on both the council and the person you speak to.
We’ve “redesigned” houses for people who come to us with a design which they like the design but don’t like the “look”. (Firstly we always recommend they work with their current arch/designer/bldr wherever possible as we don’t want to be in the middle of a bun-fight.) Some have involved staying with a very similar plan, but the look was changed so much that there is no chance that it could be construed as the same design.
As an architect I firmly believe in upholding the copyright laws, as they underpin my intellectual copyright. But, that should never mean you are stuck working with someone you don’t trust.
I guess the question is whether you have paid for the plans or not. What does the fine-print on the deposit documentation say? I suspect APG have covered their backsides completely. But on the off chance that you have actually paid for the plans you are free to use them on that site.
Cheers,
Kavan
kavan applegate
architect
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