
 
        
         
		House Plans and Copyright 
 Sometimes it doesn’t pay to “shop around” 
 The  Ecklands,  an Ontario  couple, wanted  to build a  
 new house. They had a sense of what they wanted  
 in their new home and  looked for a builder. That  
 led them to Oakcraft, a builder of custom homes in  
 their area. 
 Oakcraft’s owner met with the Ecklands and determined  
 their wish list of features. He conceptualized a floor plan  
 incorporating their wishes following visits to custom homes  
 Oakcraft had built for others using plans he had developed  
 over the years. 
 The Ecklands suggested some changes to the layout and  
 Oakcraft obliged. Ultimately, the Ecklands requested a house  
 plan. Once again, Oakcraft obliged. Finally, Oakcraft deliv-ered  
 to the Ecklands a New Home Proposal that outlined the  
 construction contract and provided the specifications and  
 features of the house under discussion. 
 The next thing Oakcraft’s owner heard was that the  
 Ecklands had consulted other custom home builders and that  
 one of those others, Toscana, sold them a lot and built them  
 a custom house. Oakcraft sued the Ecklands and Toscana  
 for copyright infringement, alleging that the home Toscana  
 LEGAL 
 built infringed Oakcraft’s copyright in the plans Oakcraft had  
 given the Ecklands. 
 The case went to trial in Ottawa. The judge considered the  
 provisions of the Copyright Act and confirmed that copyright  
 may exist in house plans. The court found that even though  
 Oakcraft had started with plans used in earlier builds, the  
 plans given to the Ecklands involved the exercise of skill and  
 judgment and that Oakcraft’s owner had created a unique  
 plan that embodied the vision. As such, the court found that  
 the Oakcraft plan was “an original work deserving of copy-right  
 protection.” 
 The defendants raised several other issues intended to  
 defeat Oakcraft’s claim. First, they noted that Oakcraft had  
 enlisted a draftsman to reduce the plans to a form accept-able  
 to the planning authorities. The judge said that step  
 was irrelevant to the ownership of the copyright. Second, the  
 defendants pointed out that Oakcraft’s plans were the work  
 of Oakcraft’s owner and not of Oakcraft. The judge dismissed  
 that argument on the basis that senior officers of corpora-tions  
 are considered employees of those corporations. Under  
 the  Copyright Act, where the author of a work creates the  
 By Steven Z. Raber, Fillmore Riley LLP 
 NAHARIYANI / 123RF STOCK PHOTO 
 PILING CANADA 67