6 Steps to Safeguard Your Designs

Hello Reader,

Remember a few weeks ago when we shared the news about an "AIBD Design Firm Wins Landmark Copyright Case"?

A big thank you to everyone who replied!

One of those responses, which addressed a case involving the use of a preliminary drawing, really caught our attention, and we think it's worth taking a closer look at together.

In Jim Beverly Co. v. Martin et al., the Jim Beverly Co., a luxury home design company in New Mexico (and an AIBD member since 2014), brought a lawsuit against a homeowner and another design company, alleging copyright infringement.

According to the complaint filed in November 2022, homeowner William Martin allegedly met with Jim Beverly Co. starting in late 2020 to produce designs for a new home in Bernalillo, N.M..

After receiving the preliminary designs, Martin ended his arrangement with Beverly. Here's how Jim described the situation.

I won because as soon as the guy got flakey, I filed my copyright and informed him that I had done so. I also saved all my emails, texts, voicemails, sketches, and every pass of the design evolutions. My documentation won the case. My attorney said that this is the largest award that he had seen in a case of this nature in this Judicial District. The nature and facts of the case are likely precedent-setting.

The homeowner hired another designer, who then used the copyrighted floor plans without permission to create construction drawings. The other designer happened to be a licensed architect. The second time Jim has won a copyright case involving a licensed design professional.

Jim shared the "Motion to Enforce" paperwork, and the settlement was for $125,000 (to be paid in 10 days).

In light of this and the other replies we received about successful copyright cases within AIBD, we felt it was worth repeating the six steps to protect your work.

Register Your Work

Copyright protection begins automatically upon creation, but registering your designs with the U.S. Copyright Office gives you extra legal power, including the ability to claim statutory damages in court.

In Jim's case, he registered when the preliminary designs were completed.

Document Everything

Keep thorough records of your creative process, including sketches, drafts, revisions, and final designs. These can serve as proof of your originality if a dispute arises.

As Jim testified above, "My documentation won the case."

Add Copyright Notices

Label your plans with a clear copyright notice, including your company name and the year of creation. This simple step deters infringement and establishes ownership.

Jim even took it a step further and notified the (former) client when he registered the copyright.

Monitor Competitors

Keep an eye out for potential misuse of your designs, particularly in nearby developments or by industry competitors. Collaborate with clients and property associations to spot suspicious activity.

We highlighted "property associations" because of a reply received from David Whiteley (AIBD member since 2013).

"For over 20 years, I have worked as a consultant to the Architectural Review Committee for several subdivisions in Texas. I was reviewing an application packet, and the same set of plans had been submitted a few times before, but this time I noticed that some of the data in the title block of the stamped foundation plan, specifically the address and the soil report info, was in a different font. I called the engineer..."

Enforce Your Rights

If you suspect infringement, act quickly. Consult an intellectual property attorney to explore your options—early action can often resolve issues before litigation is needed.

AIBD consults with two nationally prominent copyright attorneys, David Bennett and Louis Bonham. Their contact information is found in your Membership Account.

Join Professional Organizations

Memberships in organizations like the American Institute of Building Design (AIBD) offer valuable resources, networking opportunities, and support for intellectual property protection.

Such as a predesigned copyright stamp intended for use on your construction drawings. Log in to your Membership Account and scroll down to the “Downloads” section for the free download.

Additionally, members can download a free PDF copy of the Copyright Basics Book, which is also available in the downloads section of their membership account (hard copies can be purchased through Amazon).

This case is a powerful reminder that creativity deserves respect and protection.

Here’s to safeguarding the value of your work,

The A-Team

Important Reminders

AIBD Exclusive Chief Architect training - Check it out at AIBD.org/courses.
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Register for the next live Residential Design Webinar at AIBD.org/webinars. Use the same link to schedule a presentation.
Log in to your account at AIBD.org/Membership-Account for exclusive links, discount codes, document libraries, webinars, and more.
Volunteer to serve on a committee. They can always use some new ideas.
All the above and more can be found weekly on AIBD.org/MondayMinute.
Having issues or need direction, visit AIBD.org/support. The A-Team is there to help.

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One more thing—we want to lead with transparency. AI was most likely used to complete this post in one way or another. Don't blame the technology if you find a mistake; in most cases, our emails are written by humans and AI-supported. Now and then, they are AI-generated and human-edited. Both humans and AI still make mistakes.

American Institute of Building Design (AIBD)

6 Steps to Safeguard Your Designs

Important Reminders

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