Existing Structure "As-Built" drawings become a property of the original designer of a structure under architectural rights if they prove and provide a tangible form of the original design, and are not to be used by others for reproduction or duplication of original design, but are generated with consent at the request of a homeowner, contractor, architect, engineer, design professional, or real estate agent to be used to specifically for modification of an existing structure in the absence of original works of authorship, plans, technical drawings, or registered plans or recorded plans or knowledge of the original architects or firm of record of original design ownership.

Floor plans are generally protected by copyright, and using them for marketing for real estate listings to showcase a property's layout is considered fair use.

In many cases, an existing structure that has been built from a set of architectural plans can be significantly different than the original drawings. Existing structure, "as-built" plans are necessary in the absence of original documentation for a design professional, contractor, architect, or real estate professional to represent to their clients specifically for estimation and design of new work, and are not for sale or reproduction.

When the original designer of an existing property that is to be drawn is available or known by any of the design professionals or homeowners, it is our common practice to ask permission to produce drawings of existing properties for the sake of modification.

Fair use is a case-by-case test found in copyright law. When met, it allows the use of a copyright-protected work without permission. The fair use concept is Central to copyright law and helps promote freedom of expression and innovation. Often necessary for modification, addition, modernization, and updating of the technologies of existing structures.

Existing structure drawings are used in the spirit of fair use.

Existing structure drawings are considered educational because they are intended to inform the design professional or contractor of the existing structure that is to be modified.

Existing structure drawings are non-commercial because they are not being made for resale or production.

Existing structure drawings are considered transformative because they are intended as a starting point for new construction modifications to an existing structure, which is commonplace in residential contracting.

Existing structure drawings are not intended as a substitute for the original work. In the presence of original work become the property of the original designer who can reasonably demonstrate original design.

Other categories of Fair Use

Implied consent.

No access to originals.

Non-exclusive license granted.

Standard features are not copyrightable.

Arrangement of standard features in a standard way is not copyrightable.

Intrinsic utilitarian function is not copyrightable.

Derivatives of the original design are not copyrightable because copyrights do not extend to ideas but only specific expression of those ideas.

A mere coincidence in creating a similar work does not automatically constitute copyright infringement. Copyright infringement requires proof of copying, not just accidental similarity. If two works are independently created without knowledge of each other, and there are substantial similarities, the plaintiff must demonstrate that the defendant had access to the copyrighted work and that the similarities are due to copying, not coincidence or independent creation.  

Ordinarily visible from a common place.

Granted access by an industry professional at the owner's request.

Research for the sake of modification to an existing structure.

In the absence of the original architect or designer, the existing structure's "as-built" drawings or form of record become the ownership of the CAD drafter.

My work in general is not my original work but is a representation of the ideas and designs of architects engineers homeowners and design professionals, and is not intended to be used for resale of any of their original designs but is a representation of the service that I provide and the skills that I use to generate quality accurate usable technical drawings for the sake of these professionals to do modification addition and modernization of existing structures or their new designs.

Any of my original work will be specified as such.

Any designs by others will be credited and quoted to them.

Limitation: The Client understands that the Design Consultant is not an Architect or Engineer and is providing a Design and CAD Drafting Service for Residential Schematic Drawings for Proposed Residences, Additions and /or Remodeling of Residences and the Design Consultant recommends that all drawings provided to the Client be reviewed or approved by a registered Architect and/or Professional Engineer or other professional as required prior to any construction.

Works published before 1923: 

• These are in the public domain and not protected by copyright.

Works published between 1923 and 1977: 

• If published with a copyright notice and properly renewed (if required), they are protected for 95 years from the date of publication.

• If published without a copyright notice, they may be in the public domain.

• The renewal requirement was eliminated for works published after 1963.

Works created but not published before 1978:

• Copyright protection begins on January 1, 1978. 

• Protection lasts for the life of the author plus 70 years, but no earlier than December 31, 2002. 

• If published before December 31, 2002, the copyright will not expire before December 31, 2047.