Old house plans, Copyright?

[Mac McQuinn]

I'm looking at a vintage house plan offered back in the 1920's in "Kit" form by a company I believe closed in the 1970's. With very minimal modification, the design meets all our requirements and tastes and would fit perfectly on a lot I'm looking at to build on. If the company is now out of business, is the copyright still in effect? The design itself is over 90 years old, does age have a effect on copyright? I would gladly purchase a set of plans although considering the circumstances, I would not know who to contact. Anyone with experience with something like this?
Mac

[Matt Meiser]

From Wikipedia (that highly reliable source of all things legal :rolleyes:)

In the United States, all books and other works published before 1923 have expired copyrights and are in the public domain.In addition, works published before 1964 that did not have their copyrights renewed 28 years after first publication year also are in the public domain, except that books originally published outside the US by non-Americans are exempt from this requirement, if they are still under copyright in their home country.

Sounds like you are good if it was before 1923. Guessing you are probably in good shape otherwise, but hard to say for sure. Someone could have purchased the assets of the defunct company and kept the copyright renewed, but it would appear from that Wikipedia article that the maximum length of the copyright is 90-something years so also you are closing on on that. Maybe someone else knows how to search.

[Rick Potter]

Mac,

If you cannot find plans, any competent architectural draftsman could draw plans from looking at the layout of the floorplan and visuals of the outside. My wife drew up plans for our large remodel/addition, and a draftsman came up with the plans, no problem.

In any case, you want to build a house, not sell the plans, or profit from them. Besides, I'll bet you will decide to change things like bathrooms and closets anyway. I am certainly not an attorney, if you are still concerned, perhaps one will chime in.

Rick Potter

[Mel Fulks]

We had a local case several years ago of someone getting one of those post modern nutty multiple roof ridge ,every window a different size houses drawn up . One day they passed by another house exactly like theirs and tried to take legal action against the architect .Unsuccesfully. I see no risk in copying an old plan.

[eugene thomas]

ya, kind of sucks that pay architect to design your house and they own the plans.

[Von Bickley]

Mac,

If you cannot find plans, any competent architectural draftsman could draw plans from looking at the layout of the floorplan and visuals of the outside.

Rick Potter

I agree with Rick......

[Rich Engelhardt]

I have no idea - but - I'd bet these people would know...

Contact usOffice location and phone
828 SE 34th Avenue, Suite B
Portland, OR 97214
Phone: 503.459.4420
Fax: 503.459.4440
email: contact@antiquehome.org

That's the contact information for Antiquehome.org - I ran across them 5/6 years ago doing some research on kit houses.

[Mac McQuinn]

Thanks to everyone for the input and information provided. On another slant, can a person copyright someone's work after the fact once a specific period of time has passed and copyright has expired?

Rich,
I e-mailed the link you provided although it came back undeliverable, I'll try and give them a call.
I live where there were several Kit house manufacturers within 15 miles at one time, I've been in several and the quality is excellent. Great designs especially if you like Bungalows, 4 squares, etc

thanks, Mac


I have no idea - but - I'd bet these people would know...

Contact us

Office location and phone
828 SE 34th Avenue, Suite B
Portland, OR 97214
Phone: 503.459.4420
Fax: 503.459.4440
email: contact@antiquehome.org

That's the contact information for Antiquehome.org - I ran across them 5/6 years ago doing some research on kit houses.

[Shawn Pixley]

ya, kind of sucks that pay architect to design your house and they own the plans.

I gotta disagree with you here. Did you pay to own the copyright? I agree that it is disapointing to see a copy of your house that you wanted to be bespoke. This should have been addressed in the initial contract.

Architects and engineers have had a tough road in this area. Many times an architect has designed a building and the "owner" has taken the plans and reproduced them thousand of times withou renumerating the Architect. Still the Architect may carry liability on the misuse of his design. Patently unfair.

The proper way to deal with this is to address this issue upfront in the owner - architect contract. Any contract should be an eqitable balance of risk and reward with stipulation of copyright and re-use.

[eugene thomas]

I am dealing with architect now. When we made the contract she stated that we can't let others use her design. Think if did might be coastly for use.