Terms and Conditions:
BRIEF:
Our drawings are protected under the terms of the United States Copyright Law and may not be copied or reproduced in any way or by any means. The purchase of a set of plans allows you to construct one residence. A reproducible set of plans allows you to modify plans, and gives you the right to make multiple sets of blueprints. For the construction of multiple residences, please refer to our “Re-use” fees. Blueprints or reproducible sets licensed to you cannot be resold or used by any other person.
What you are purchasing is a license to build a home only “One Time” from the information printed on the Construction Documents. You are not buying the Home Design. This information, or Intellectual Property, just happens to be printed on large sheets of paper bound in sets. Federal Copyright Law protects the intellectual property, our house plans, of architects and home designers. Unless you have a Copyright Release you should not make additional prints of the Construction Documents. If you wish to build the Home Design more than once you should purchase the Home Design License again or obtain a Multi-use License even if you have a Copyright Release.
COMPLETE: (This information is also available here under Copyright.)
Important Copyright Notice...
The following statement is provided by the Council of Publishing Home Designers, an affiliation of the American Institute of Building Design.
Home plans are copyrighted:
Just like books, movies, and songs, federal copyright laws protect the intellectual property of architects and home designers. These legal protections exist to protect all parties. Copyright laws respect and support the intellectual property of the original architect or designer, and prevent anyone from using the design without written permission.
Don't use plans to build more than one house:
All home plans include a copyright release and a license to use the documents to construct a single home. When you purchase construction documents, we, as licenser, are granting to you, as licensee, the right to use the documents to construct a single unit. This is an exclusive license, which may not be resold, duplicated, published or distributed without written permission of the designer, architect or publisher.
Reproducing Blueprints:
Construction blueprints may not be reproduced without prior written consent of the designer. If additional sets are required for estimating or construction, please contact us for additional sets at a nominal cost. Copy shops and blue printers are prohibited from making copies of these copyrighted documents.
Home Plans (Mylars, Vellums, Sepias):
With the purchase of a reproducible (mylars, vellums, or sepias), a license and copyright release are also provided. In this case, as licensee, you are allowed to make up to 12 copies of the design, but such copies may only be used for the construction of a single home. For the construction of more than one unit, it is necessary to obtain an additional release or multiple licenses from the architect or designer.
Making Design Modifications:
As a plan licensee, you may customize the design to fit your personal preferences, but you must understand that the modification of the plan is done at your own risk and should be reviewed by a professional architect, home designer or engineer prior to the start of construction. Modified plans are considered 'derivative works' of the original, and it is critical that you understand that these 'derivative works' as well as the original work still retain copyright protection. Any 'derivative work' or revised design, even if completely redrawn, may not be sold, duplicated, distributed or used to construct any units without the purchase of a license from the architect or designer.
Don't Copy Designs:
It is illegal to copy home designs found in any plan book, on a CD-ROM or on the internet. It is a common misunderstanding that it is permissible to copy, adapt or change a floor plan or a design found in any book. It is not! It is also illegal to copy an existing home that may have been built, that is protected by copyright, even if you have never seen the plans for the home. If a particular home plan or existing home is desired, a set of plans must be purchased from an authorized source.
Using the Home Plans:
As a plan licensee, you may lend the plans to third parties (builders, contractors, subcontractors, inspectors, government agencies, etc.) as necessary to assist in the construction of the dwelling involved. All such lent plans must be retrieved and destroyed, except for the owner's reference sets, and those sets required by government agencies, after such assistance has been completed.
Who is responsible for Copyright Infringement?
All parties, including the purchasers, designers, drafters, homeowners, builders, contractors, subcontractors, copy shops and blue printers may be responsible if a copyright is violated. It does not matter whether an individual knows that a violation is being committed. You've heard it before: ignorance of the law is not a valid defense! To avoid legal complications and damages, it is critical that you be certain of the original plan source, and refuse to be a party to any illicit copying or borrowing of designs, derivative works, prints, and design features.
Please respect Home Design Copyrights:
In the event of any suspected violation of a copyright, or if there is any uncertainty about the plans purchased, the publisher, architect or designer should be contacted before proceeding. If a violation of a home designer's copyright is suspected, the designer or architect, and the Council of Publishing Home Designers should be contacted. Awards are sometimes offered for information about home design copyright infringement.
Penalties for Infringement:
Penalties for violating a copyright may be very severe. The responsible parties are required to pay the designer or architect's actual damages (which may be substantial), plus any profits made. The copyright law also allows the designer or architect to recover statutory damages, which may be as high as $100,000. Finally, the infringe may be required to pay the architect or designer's reasonable legal fees, which often exceed the damages.
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Limits of Liability:
Since we cannot provide on-site consultation, supervision and control over actual construction, and because of great variance in local building codes and requirements, building practices, soil, seismic, weather and other conditions, WE CANNOT MAKE ANY WARRANTY, express or implied, with respect to the content or use of our plans.
PD&D and its parent company TRP Enterprises, Inc. is not liable for incidental, special, consequential, or indirect damages of any kind, including, but not limited to, loss of anticipated profits, business opportunity, or other economic loss arising out of the use of services or any construction plans received from PD&D even if PD&D has been advised of the possibility of such damage. It is the customer's responsibility to ensure the accuracy, compliance with applicable statute or regulation, and fitness of purpose of any plans or construction information received from PD&D prior to use thereof. In the event any liability is imposed on PD&D, PD&D's liability to the Owner or any third party shall not exceed the price paid for PD&D’s product.
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