Appeals court delivers victory on fair use of floor plans

In Missouri, two real estate brokerages successfully defended the use of floor plans in their property marketing. Through its Legal Action Committee and Amicus Brief Advisory Board, NAR supported the fair use of floor plans, saying they were essential for real estate marketing, appraisals and other purposes. The victory may deter future claims against real estate professionals.

The brokerages most recently argued that their use of the floorplans was considered “fair use”, a legal defense against copyright infringement. After nearly six years of litigation, a judge for the Eighth Circuit of Appeals agreed with the brokerages—after the court originally sided with the home designer on a separate legal argument in 2021.

In the decision, the court explained why floorplans are so crucial for real estate professionals and their clients, and how Designworks actually benefited from the exposure of its design, points raised by NAR through its amicus brief to the Eighth Circuit.