Copying of floor plans that were collected from third parties and compiled into an online database is not actionable under copyright law, a district court ruled. The court ruled that the entire online database that contained content in addition to the floor plans was the result of independent selection, coordination and arrangement, and, therefore, was a copyrightable compilation. But the court further ruled that the floor plans themselves, which had been originally provided by the homebuilders and developers to the public, were uncopyrightable facts. The court also found that numeric indicators that were also copied by the defendant were “only useful internally” in the online database and were therefore not copyrightable original expression upon which a copyright infringement claim could be based. The court refused to dismiss the plaintiff's breach of contract claims, based upon the copying, reproduction and display of the floor plans without the plaintiff's consent, finding that those claims were not preempted by the Copyright Act.

Salestraq America, LLC v. Zyskowski, 2010 U.S. Dist. LEXIS 3384 (D. Nev. Jan. 14, 2010) Download PDF