NSW Reusing floor plan from the original advertisement

Sorry this may seem like a weird question.

I just found a copy of the floor plan of my investment property from the original listing when the property was up for sale by the previous owner. Am I able to use that in my future property listing even though I didn't pay for it and don't technically own that plan? Would there be any copyright issues?

There is no indication of who the company was that did the floorplan visible.

 

If you do it, and somebody sooks, it's a civil matter, tell them to send you the bill, will probably be less than $200, offer to maybe pay it and shut them up.

 

When the brochures and floor plan were handed out to prospective buyers didn't these become public items ?

I would assume that when you buy a place you buy the rights to these items just like the carpet/kitchen sink....

I've always kept these sorts of items and have reused them when selling years later without issue

 

It may be a breach of the creator's 'moral rights' over the plan - Harry Seidler & his trustees are well known for suing over this matter ie using a plan without the consent of the architect. Joe Blow probably isn't a world famous architect.

Linky

Probably the easiest way out.

 

This is exactly what I had in mind too.

There is no author on the plan so I can't even track down who created it in the first place.

 

But isn't this sort of a different situation isn't it?

The floor plan the previous owner must have paid to get it done, the the legal rights should sit with the previous owners and not the creator of the plan.

 

I would argue copyright may actually reside with the original builder, architect or designer and provided you arent replicating their design they wont have a concern in the world. Its not a "copyright" image as much as it is a depiction of the layout. Its not dimensioned construction plans so that should pose no concern for misuse. Its like showing a photo of the front of the house also depicts a copyright contruction view.....But its also not a contruction plan.

 

Tbh I would weigh up the probabilities that someone will actually notice - that that someone will even care - that the someone who noticed and cared actually wanted to do anything about - that all of those aligned and something actually did come of out.

Anything and everything is always possible, but if I were in you're position I'd just use it with a dose of she'll be right

 

It depends on what the previous owner signed and their ability to pass on these rights.

 

Reuse it, if someone calls to complain, re-assess