The following Planning Q&A produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP provides comprehensive and up to date legal information covering:
Signature Realty Ltd v Fortis Developments Ltd confirmed that architect drawings used to obtain planning permission can be sufficiently ‘original’ to qualify for copyright protection and that the use of those drawings without permission for a subsequent build can amount to copyright infringement.
Signature complained about four categories of use of the 'Drawings':
use for marketing or architect/tendering/estimating purposes
use for making AutoCAD versions of the Drawings
use to make altered copies of the Drawings for marketing, architect, tendering and/or in the construction of the development, and
use for the making of CGI images for marketing collateral
The judge held that the use of the Drawings in classes 1 and 2 was infringing. In relation to class 3, some of the altered drawings were held to infringe but others did not reproduce a
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