Appeals Court Rules in Favor of Realtors in Landmark ‘Fair Use’ Case
A recent appeals court decision has provided a significant win for real estate professionals, affirming that using floorplans in property listings is a fair use of copyrighted home designs under copyright law. This ruling protects a vital marketing tool for brokers and agents.
The Eighth Circuit Court of Appeals upheld lower court decisions, stating that real estate brokerages did not infringe on the copyright of home designs when they included floorplans in their listings. The National Association of REALTORS® (NAR) played a crucial role in supporting the case, offering legal backing since 2018 through its Legal Action Committee and Amicus Brief Advisory Board.
Wendell Bullard, chair of NAR’s Legal Action Committee, called the ruling “excellent news” for the real estate industry, emphasizing the importance of floorplans in the property marketing process. NAR’s Legal Action Program assists in cases with significant impacts on property rights and real estate practices.
The case involved brokerages such as House of Brokers Realty and Re/Max Boone Realty, which used floorplans for properties based on copyrighted designs. The court sided with the brokerages’ argument that floorplans were a fair use under copyright law, benefitting both real estate professionals and property designers.
This ruling is seen as a victory not only for the brokerages involved but also for the real estate industry as a whole, potentially deterring future copyright claims against agents and brokers over similar uses.
