Council refuses to provide (electronically/paper) DA plans of retaining wall.

Hi,

Background - My neighbour has submitted DA to build a retaining wall between my vacant land and his house. I requested council to provide me drawings associated with DA. Council says it is a copyright breach to make a copy and/or email DA drawings. They are happy for me to visit council and see drawings though.

As per my understanding - it is not a breach of copyright if someone make a copy (electronic or paper) of drawings. The copyright is breached only when the drawings is implemented in construction.

I think council is confused DA drawings as "Art drawings" where making a copy of of course a copyright breach.

Another reason to believe it is not a copyright breach to re-produce a DA drawing is - There are several other councils that make all DA applications and associated drawings available on their website. Hence they are already distributing DA drawings in electronic form. If it was a copyright breach I am sure they would have been out of business by now.

I have lodged a formal complaint with Information & Privacy Commission.
I will update this thread with the outcome.

 

After working with the intricacies of copyright (in a library) for many years I believe the council is correct.

Making a copy IS definitely a breach of copyright. You can't just legally photocopy a book, even if you never read it.

"Art" is a very wide description and would cover architectural plans and engineering drawings (including original plans for retaining walls).

Publishing on a website is different to photocopying and distributing. Councils have legal advisors so I think they should know the correct legal position.

I will be interested to hear how you go.

But why not simply ask your neighbour?

Or go into the council and have a look? If you are intending to object, there will be time frames involved.
Marg

 

@Ravi - Make a request under GIPPA (freedom of information act) or visit the council to view the documents and USE YOUR PHONE TO TAKE A PHOTO.

Depending upon how current the plans are, they're possibly still on display or on the Council website.

Which plans so you require? Neighbour notification plans or the structurals? Why didn't you receive notification?

 

No, it is not a copyright breach at all (sorry Marg) & the reason it is not, is because you are not using it commercially or for any gain, just as you can take copies of a books text for certain uses, same same....

 

I recall something like being able to copy a text for academic purposes but it was limited to 15%?

If the files from council are not digitised then usually they ask you to view then at the council office. As suggested, a phone photo is a possibility.

 

Yeah, I think they are dropping that line instead of saying....you will do things the way we tell you it is done....

 

Hmm, I suggest a refresher read of the relevant law. B

Copyright legislation is a bit more nuanced than that: https://www.ag.gov.au/RightsAndProtections/Documents/ShortGuidetoCopyright-October2012.pdf

 

In Brisbane, and many SEQ Councils, you can get copies of plans etc for DAs online through pd online. Not sure what other states have. It has all the paperwork, approvals RFIs etc. Brilliant.

 

Ok, you tell me what part is being broken and why a court would find someone guilty (feel free to link to cases in Australia)

The council is more likely worried about it's staff doing something wrong and getting caught up in something unintended.

For Crikey's sakes, do you think the adjoining owner is doing something with the plan that could bring a successful case under any law ? I think not..... it is a smokescreen.