A recent lawsuit that reached the U.S. Court of Appeals for the Eighth Circuit and concluded with a ruling on January 14, 2025, sheds light on a significant issue for homeowners and REALTORS® alike regarding copyright infringement and the use of floor plans in marketing homes. The case, Designworks Homes, Inc. v. House of Brokers Realty, Inc., involved Columbia, Missouri-based House of Brokers Realty and other defendants, and revolved around whether real estate agents and brokers could use floor plans in marketing properties without infringing on copyrights. Ultimately, the court ruled in favor of the defendants, citing the fair use doctrine and affirming the district court’s decision.
The lawsuit originated when Designworks alleged that House of Brokers infringed on its copyrights by creating and sharing a floor plan for a property the brokerage was hired to sell. The court, however, determined that creating and using the floor plan constituted transformative use—it served a functional purpose of providing information to prospective buyers rather than copying the original design’s artistic or creative intent. This ruling sets a precedent, ensuring REALTORS® can continue using floor plans for marketing homes, benefiting both buyers and sellers by increasing transparency.
At MORE, REALTORS®, we understand the value of providing buyers with comprehensive information, which is why we often incorporate floor plans—such as those prepared alongside 3D tours—into our marketing strategies for sellers’ homes. Buyers gain a better understanding of the home’s layout, and sellers benefit from increased visibility and buyer interest. The full lawsuit details and judgment are available below for further review.
[…] the U.S. Court of Appeals for the Eighth Circuit ruled that the use of floor plans falls under fair use […]
[…] the U.S. Court of Appeals for the Eighth Circuit ruled that the use of floor plans falls under fair use […]
[…] the U.S. Court of Appeals for the Eighth Circuit ruled that the use of floor plans falls under fair use […]