Tamawood v Habitare: a Recent Australian Decision on Copyright Infringement in Building Designs
Earlier this week the Full Court of the Federal Court of Australia (Full Court) delivered its judgment in the case of Tamawood v Habitare Developments, a copyright infringement case in respect of project home designs.
Habitare Developments had engaged designer/builder Tamawood to create designs for project homes for a new development. However, due to a falling out between the parties, Habitare Developments ultimately engaged architects Mondo to create the final plans for the development and engaged another builder to construct the houses. Tamawood commenced proceedings against all parties for copyright infringement. The respondents denied that Tamawood’s designs had been used as a starting point and that copyright had been infringed.