Pictures of Architectural Works

Sometimes you read an opinion and get a sense that rough justice was being done, but without much regard to the niceties of the statute. Groff Const., Inc. v. American Pride Building Co. , LLC, 2007 WL 495316 (M.D. Fla. Feb. 9, 2007), is such a case, if I understand the opinion. What I glean from it is that Groff claimed to own the copyright in an architectural work. Groff complained that defendants were copying a photograph he took of the architectural work. The court held that copyright in an architectural work does not give copyright owners the right to prevent others from using photographs of the architectural work. That is true up to a point; the point is expressed in Section 120(a), but that section covers the “making” of photographs, i.e. photographs that are independently created by taking your own picture of the architectural work. In Groff, as I understand it, defendants copied Groff’s photograph, conduct not covered by Section 120(a). The infringement action therefore should have been argued and analyzed as one for infringement of a photograph.

Here are the relevant parts of the opinion:


Groff asserts that since 1996, it is the owner of a copyright registration for The Cayman Model which was build at 5002 Lee Boulevard, Lehigh Acres, Florida in 2001. Groff used this model home for his business, but sold it in September 2001 to Adams Homes of NW Florida, Inc. Adams Homes then sold it to Humfleet, who later sold it to Fleet Lending Group, Inc. Groff is using a photograph of The Cayman Model on his website.
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. Groff advertises its business by using photographs of the subject model home owned by D. Humfleet, Humfleet, and Fleet Lending…
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A copyright owner may not prevent photographs of an architectural work once it has been constructed as long as the building is located in a public place.
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Groff argues that based upon his ownership of a copyright of the architectural drawings of The Cayman Model he has the exclusive right to use a photograph of The Cayman Model. Groff is correct that the statutes do confer rights to a copyright owner, however, these rights are to the copyrighted plans and not to the embodiment of the work. Pursuant to the statutes and case law, Groff's alleged ownership of the copyright to the architectural work of The Cayman Model does not confer upon him the exclusive right to use a photograph of the embodiment of the architectural work. Therefore, the Motions to Dismiss Counts I and II of the Counterclaims and Third Party Complaints should be denied.