Architectural Design Copyright: Q & A with Lorne Rose

There’s been a lot of buzz lately over a Toronto Star article about a couple residing in Forest Hill who sued their neighbours for copying the design of their home. The issue has raised questions among homeowners and designers as to what the City’s position is on copying architectural details of other homes. What’s more, the City now publishes all Committee of Adjustment proposals online which anyone can view at any time.

Although Lorne Rose does not work for the Government, here’s his seasoned architect’s take on this interesting and intricate dilemma.

Q: Is it common for architects to look at and copy designs of other architects?

As an architect, I often look to historical styles for inspiration and details. I pride myself on being true to a style as much as I can be. This means I borrow from Architectural History and it has taught me how to see the proper scale and proportion of architectural elements and overall design composition.

That being said, it is troublesome when an architect feels he is being ripped off. I have come to accept that lesser trained designers will copy what I have done until it is out of fashion. I have come to take it as a compliment. My job is to stay ahead of the trends, not to be trendy. I do have clients who come to me with pictures of what they want. I always try and steer them away from straight copying. I must admit I am not always successful and although I will certainly try my best to distinguish my design from the original, clients will get what they want if they are strong-headed.

Q: What are the main problems with the current system for submitting architecture designs to the City? Can drawings be kept confidential?

Although our drawings are copyright protected, the Committee of Adjustment requires designs be submitted online and this means they can be viewed by anyone. The old system required any person interested in a file to go to the City to review it without taking copies. With the new system, anyone can look at the design online, which makes it easy for architects, designers and builders to steal them. Furthermore, our clients’ privacy is completely compromised and this is a very uncomfortable feeling for any client. Remember Drake’s house being published all over the media? The press got the designs from the Committee of Adjustment online.

Q: What is the position of the Ontario Association of Architects on design copyright?

In the section around Committee of Adjustment in the Planning Act, there are a couple of associated regulations. The Notice of Hearing doesn’t mention floor plans, so it seems elective, but there may be a behind the scenes directive we don’t know about. The City previously had mechanisms to safeguard copyright and wouldn’t allow people to remove or copy drawings. Times have obviously changed with the Government’s Open Government Initiative pushing open disclosure for everything possible. Also, if someone submitted a Freedom of Information request, design files would have to be released to them anyway. So it is really on the individual if he is stealing intellectual property, and not on the City.

Q: Are there any consequences for copying designs beyond a lawsuit?  Could the Ontario Association of Architects take action?

One can sue in the civil court but it will be a long process and hard to prove. Of course, we want the Ontario Association of Architects to lobby the province for this to end.
 
Q: What are the consequence for residential architecture in Canada as a whole? What can be done to fix the problem?  

I love that people take pride in their homes. However, architecture is an evolving art form and each evolution comes from what came before it. There is rarely an idea that is so original that it didn’t have some kind of historical precedence. And what is in the public domain is open for anyone to interpret as they wish. The reality is that great designs can be copied at a much lower price, diminishing the value of what good architects produce. However, if you want to have an innovative leading design, stick to a qualified architect to lead you through the design and construction process—so that you are the one being copied and not the doing the copying. If the City stops posting designs publically online this will make it harder for people to access designs and plans to copy.

Categorized in: Architecture News, Helpful Resources, Lorne Rose Architect