The real estate industry started 2025 with a much-needed legal victory. On January 15, the Eighth Circuit U.S. Court of Appeals ruled in favor of real estate brokerages, affirming their right to include floorplans in property listings without infringing on copyright laws.
In Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc. and Designworks Homes, Inc. v. Susan Horak, the plaintiff, a home designer, claimed that real estate agents violated his copyright by creating and publishing floorplan renderings based on home interiors. However, the court sided with the agents, ruling that their use of floorplans fell under the Fair Use Doctrine, which allows limited use of copyrighted material for purposes such as education, news reporting, and consumer benefit.
The court emphasized that including floorplans in listings helps buyers make informed decisions, ultimately benefiting both sellers and the housing market. While this ruling applies to the Eighth Circuit and is not binding in New Mexico, it sets a strong precedent against similar copyright claims.
An infringement on copyrighted material occurs when an original work is used without the copyright owner’s permission.
The National Association of REALTORS® (NAR) played a crucial role in supporting this case, highlighting the importance of transparency in real estate marketing. This decision is a significant win, reinforcing the role of floorplans as an essential tool for REALTORS® and homebuyers alike.
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