Architectural Copyright Not Infringed; Buildings Were Not Substantially Similar

On June 23, 2015, a district court ruled in favor of Finnegan client Lessard, granting summary judgement on a claim of copyright infringement brought by Humphreys & Partners Architects (HPA). In 2010, a developer solicited design proposals from Lessard and HPA for the development of a high-rise apartment building. As part of their proposal, HPA submitted copyrighted illustrations of one of its residential buildings that was designed in 2000. The developer met with both Lessard and HPA for the construction of the new building, and informed Lessard that it wanted its new building to feature elevators similar in concept to the design of the HPA building. The developer then proceeded to send HPA’s floor plan to Lessard in an effort to illustrate the concept. Lessard then submitted their design and the developer hired Lessard for the project. HPA then sued Lessard for copyright infringement. The court ultimately ruled that there was no direct evidence of copying and that the two designs were not substantially similar.