Neighbor Sues For $2.5 Million After Renovation Looks Too Much Like Their Own House
from the copyright-madness dept
Copyright on home design has always been a really sketchy idea. Earlier this year, we wrote about a disturbing trend of housing copyright trolls and have had some other similar stories over time. For reasons that are beyond me, the Berne Convention requires copyright on architecture, and that creates silly situations, such as the one in Australia, where a homeowner was forced to modify their home due to "infringement."
And this nonsense has spread to Canada. The Toronto Star has the story of a couple, Jason and Jodi Chapnik, living in Forest Hill, Toronto (one of the "most affluent neighborhoods" in Toronto), who sued their neighbors for $2.5 million for the horrific faux pas of renovating their house to look too much like the Chapniks.
Jason and Jodi Chapnik, who own the home on Strathearn Rd., near Bathurst and Eglinton Sts., alleged that a house on nearby Vesta Dr. was newly renovated to look “strikingly similar” to theirs — including using the same shade of blue and matching grey stonework.
The Chapniks filed a lawsuit against neighbour Barbara Ann Kirshenblatt, her builder husband and architect brother-in-law for copyright infringement in federal court, as well as the real estate agent who profited from the house’s recent sale and the anonymous contractors who worked on the house. They were seeking $1.5 million in damages, $20,000 in statutory copyright damages, $1 million in punitive damages, and a mandatory injunction on the defendant to change the design of the home.
Of all the things in the world to be concerned about, how totally screwed up must your priorities be to freak out that someone around the corner has a house that looks kinda similar? The story notes that the case went on for 3 years, before recently being settled. As Kirshenblatt noted in filings in the case, nearly all of the so-called copied features appear to be pretty standard features you'd see in nearly any Tudor-style house -- and they pointed to other properties (including a Scottish castle) with similar features that they based their house on.
The whole thing is a reminder, yet again, of the ridiculousness of locking up ideas like home design under copyright. No one is inspired to design a house because of the copyright you get. There is no necessary incentive there. People design homes not for the copyright, but for the home. What a complete waste of time.
Filed Under: architecture, copyright, houses, jason chapnik, jodi chapnik, toronto, tudor homes
