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193608P.pdf 08/16/2021 Designworks Homes, Inc. v. Columbia Hse of Brokers Realty
U.S. Court of Appeals Case No: 19-3608
and No: 20-1099
and No: 20-3104
and No: 20-3107
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Arnold, Author, with Gruender and Stras, Circuit Judges]
Civil case - Copyright. Plaintiffs sued defendants, real estate companies
selling homes which plaintiffs had designed, alleging they infringed
plaintiffs' copyrights by creating and publishing floorplans of the homes
without plaintiffs' approval; the district court concluded that 17 U.S.C.
Sec. 120(a) provided a defense to this claim of infringement for real
estate companies, their agents and their contractors who generate drawings
of the home floorplans of the houses they list for sale for use in
promotional materials. Held: The district court erred in concluding the
statutory section extended the defense to flooplans as they are not
pictures or other pictorial representation of the copyrighted work.
Reversed and remanded; the award of costs and attorneys' fees to
defendants is also vacated.