Architect Awarded $185,500 for Copying of House Plans
Thanks to the Construction Attorney Blog for this post about Van Brouck & Assoc v. Darmik, a Michigan copyright decision awarding an architect $24,952 in actual damages and $156,548 in infringers profits against a builder who had used the architect's plans to build a custom home. Contrast this result with our post last week on a Virginia copyright case affirming a jury's award to an architect of just $10,700 in actual damages and $0 in infringers profits for the use of the architect's plans for a commercial building.
Possible teachings: The Michigan case involved egregious facts--the builder used plans the architect had drawn for a different owner even after the architect turned down the builder's offer to pay for them. In the Virginia case, the owner re-used plans the architect had drawn for the owner's use in building another building. The fact the owner had already paid the architect for the use of the plans once may have influenced the jury's willingness to award him profits the owner had made from use of the building. Sometimes jury's say no to plaintiffs! A judge not a jury heard and decided the Michigan case. The judge's opinion outlines the kinds of evidence needed to prove--or disprove--actual damages and infringers profits in a construction case.