Supreme Court of the United States · Official docket →
Columbia House of Brokers Realty, Inc., dba House of Brokers, Inc., dba Jackie Bulgin & Associates, et al. v. Designworks Homes, Inc., et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-3608, 20-1099, 20-3104, 20-3107 · judgment August 16, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In 1990, Congress extended copyright protection to “architectural works.” See 17 U.S.C. §§ 101, 102(a)(8). At the same time, however, Congress provided that the copyright in an architectural work does not preclude others from making “pictures, paintings, photographs, or other pictorial representations of the work,” so long as the building is visible from a public place. Id. § 120(a). In this case, petitioner real estate companies and agents created and distributed basic floor plans of family homes as part of their marketing materials. After the materials were distributed, respondent Charles James, who had built the houses approximately 20 years earlier, registered copyrights in the homes’ designs. He then sued petitioners, alleging that the floor plans infringed his copyright in the houses. The district court dismissed the case as precluded by Section 120(a). But the Eighth Circuit reversed, holding that floor plans are not a “picture” or “other pictorial representation” within the meaning of the exception. That decision draws into question the lawfulness of one of the most ubiquitous marketing practices in the real estate industry as well as the use of floor plans in other industries as diverse as insurance and home improvement. The question presented is: Whether floor plans constitute “pictures, paintings, photographs, or other pictorial representations” of an architectural work within the meaning of 17 U.S.C. § 120(a).
Counsel of record
For petitioner
Kevin K. Russell
Goldstein and Russell, P.C.
For respondent
Andrew Benedict Grimm
Digital Justice Foundation, Inc.
Proceedings
- Jun 27 2022Motion for leave to proceed in forma pauperis filed by respondents DENIED.
- Jun 27 2022Petition DENIED.
- Jun 24 2022Supplemental Brief of Designworks Homes, Inc., et al. submitted.
- Jun 08 2022Reply of petitioners Columbia House of Brokers Realty, Inc., et al. filed. (Distributed)
- Jun 07 2022Motion to extend the time to file a response is granted and the time is further extended to and including June 7, 2022.
- Jun 07 2022DISTRIBUTED for Conference of 6/23/2022.
- Jun 07 2022Response to petiton from respondents Designworks Homes, Inc., et al. filed. (Distributed)
- Jun 07 2022Motion for leave to proceed in forma pauperis filed by respondents Charles L. James, et al. (Distributed)
- Jun 06 2022Motion to extend the time to file a response from June 6, 2022 to June 7, 2022, submitted to The Clerk.
- May 31 2022Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner.
- May 11 2022Motion to extend the time to file a response is granted and the time is extended to and including June 6, 2022.
- May 10 2022Motion to extend the time to file a response from May 19, 2022 to June 6, 2022, submitted to The Clerk.
- Apr 19 2022Response Requested. (Due May 19, 2022)
- Apr 13 2022DISTRIBUTED for Conference of 4/29/2022.
- Apr 07 2022Brief amicus curiae of Move, Inc. filed.
- Apr 07 2022Brief amici curiae of National Association of Realtors et al. filed.
- Apr 07 2022Brief amicus curiae of Council of Multiple Listing Services, Inc. filed.
- Apr 07 2022Waiver of right of respondent Designworks Homes, Inc., et al. to respond filed.
- Apr 07 2022Brief amici curiae of Copyright Scholars filed.
- Mar 14 2022Blanket Consent filed by Petitioner, Columbia House of Brokers Realty, Inc., et al.
- Mar 04 2022Petition for a writ of certiorari filed. (Response due April 7, 2022)
- Dec 22 2021Application (21A264) granted by Justice Kavanaugh extending the time to file until March 4, 2022.
- Dec 17 2021Application (21A264) to extend the time to file a petition for a writ of certiorari from January 3, 2022 to March 4, 2022, submitted to Justice Kavanaugh.