Fifth Circuit Clarifies Architectural Copyright Limits: A Lesson for Designers and Builders

WISECODE Take

The U.S. Court of Appeals for the Fifth Circuit recently ruled in a lawsuit between Kipp Flores Architects (KFA) and builder American Housing Ventures (AHV), clarifying the boundaries of copyright protection for architectural plans. Many business owners mistakenly believe that owning the copyright to design plans allows them to stop others from photographing or reproducing floorplans of the completed building. Originating from a dispute over a 2016 licensing agreement, the court pointed out that under 17 U.S.C. Section 120(a), if a building is visible from a public place, photographing or drawing it falls under a safe harbor. This means the physical building and its design plans are protected separately under the law. This case primarily affects the design and construction industries; general business owners are unaffected. However, for companies licensing out design plans, failing to specify the scope of data in contracts makes it hard to restrict others from drawing them post-construction. Wisetrust's "Patent Portfolio Health Check" helps companies clarify IP boundaries early on. I suggest two actions: first, licensing contracts must explicitly define the usage rights of plans and digital renderings post-construction rather than relying solely on copyright law; second, for unique designs, consider applying for design patents to cover the protection gaps of copyright after public display.