A groundbreaking ceremony for the $54 million Soscol Junction interchange on Highway 29 at the entrance to Napa Valley was held June 22, 2022.
Dignitaries with golden shovels scooped up small amounts of dirt to kick off the $54 million Soscol Junction construction project at the entrance to Napa Valley.
That’s only a tiny preview of what’s to come. Plenty of dirt will be flying over the next couple of years as workers transform the area where Highway 29, Highway 221 and Soscol Ferry Road converge.
Support local news coverage and the people who report it by subscribing to the Napa Valley Register.
They’ll turn a signalized intersection into an interchange. A free-flowing Highway 29 will go above the other roads on an overpass. Traffic getting on and off the highway will be controlled by roundabouts.
On Wednesday, Caltrans, the Napa Valley Transportation Authority (NVTA) and various local, regional and state officials celebrated the project-to-come with a groundbreaking ceremony.
“It’s been long-awaited and much-needed,” said Napa City Councilmember Liz Alessio, who is the incoming chairperson of the NVTA Board of Directors.
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During bad rush-hours, drivers might have to wait for two or more traffic light signal cycles to get through the intersection. Southbound traffic backs up onto the Butler Bridge.
“Wine-making and the hospitality industries have grown in Napa by leaps and bounds,” said Sean Nozzari, Caltrans Bay Area deputy district director. “And of course, so has traffic at this junction of many roads coming together.”
Speakers during the ceremony recalled that the project has been pursued for about 20 years.
By 2015, Caltrans and the NVTA had settled on building a flyover linking Highway 221 with Highway 29. But then transportation leaders had second thoughts about this old-school traffic solution.
Critics said a towering flyover would be an unworthy gateway to Napa Valley. Bicycle advocates said it would be dangerous to bike. That led to the emergence of the double-roundabout option, with the roundabouts not on Highway 29 itself.
Nozarri said a traditional, auto-centric approach would not work at Soscol Junction. The flyover would have curtailed bicycle and pedestrian activity.
“That’s not the way Caltrans does work these days,” he told the several dozen people gathered for the ceremony on a field near the intersection.
Ghilotti Construction Co. will build the new Soscol Junction. The real work beyond that golden shovel dirt-turning is to begin on July 11. Work is to finish in 2025, though project manager Tim Salles of Ghilotti said the project could finish ahead of schedule.
U.S. Rep. Mike Thompson, state Sen. Bill Dodd and Assemblymember Cecilia Aguiar-Curry had representatives speak at the ceremony. Thompson, D-St. Helena, sent word that traffic relief is finally on the way.
"Now it's time to finish the job," he said. "Let's get working."
Photos: Go inside Napa city's most expensive home sold in May
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
Chris D. Craiker, The Achitex Angle: Architectural copyright law: What’s in it for you?
“Architectural Copyright” law may sound like legal gobbledygook to you, but it’s there to protect you and your personal home designs.
It’s not uncommon for homeowners to go online, find an architectural design or interior floor plan they like, copy it and use it for their own desire. Are they infringing on a copyrighted design? Are they liable for a lawsuit? Let’s take a look.
Support local news coverage and the people who report it by subscribing to the Napa Valley Register.
The actual Architectural Copyright Protection Act of 1990 was intended to protect architectural designs that were unique, such as a Frank Lloyd Wright home, from being copied. (www.willis.law/real-estate-construction/construction-law/architectural-works-and-copyright-protection-act/)
The intent was to minimize stealing a prominent architectural design, but also to define grounds for legal action against infringements. There are two elements of a copyright claim:
1) One can’t copyright an idea, such as “open kitchen"; only a specific expression of that idea, such as a plan with unique utensils, appliances or special cabinet design.
2) When certain architectural design elements are so common, they are unprotected -- for example, a stock bathroom with a toilet, lavatory and tub in a 5-by-10-foot space.
This seems simple but interestingl,y the act became twisted in the '90s. New home construction became very cookie-cutter as lots became smaller with fixed attributes. A garage in the front, a narrow side yard entry, a standardized living room/dining room/kitchen and an upstairs floor plan, all of similar shapes. Subdivisions became redundant and repetitive using pretty much the same plans throughout.
Kaufman and Broad, K&B, designed a subdivision using simple floor plans that another architect felt was his own design, never mind that it was the same as hundreds of other plans. K&B hired me as an expert witness to show that the floor plan might have appeared the same, but the volume spaces and exterior designs were significantly different, thus not a copyright encroachment.
This was my one contribution to copyright law: It has to be more than similar floor plans; there has to be three-dimensional space duplication with identical orifices or openings.
However, life can get more complex. Recently I designed a custom home and accessory dwelling unit for a couple who sold the property to a developer. The design was copyrighted, approved by the city with very specific requirements. The developer, not wanting to pay me to continue, chose to take my plans to someone else to complete. Unfortunately, he is infringing on my copyright, unless he significantly changes the design of which I would provide consent.
In today’s world, every piece of land is unique and deserves a special solution. Taking a floor plan from any source, copying it verbatim, including the floor plans, notes, openings and elevations, is going to put someone in jeopardy. Customizing the floor plans, volume spaces, dimensions and clarifying the uniqueness of the solution to the site to fit the property and owners’ needs is the best way to proceed.
Photos: Go inside Napa city's most expensive home sold in May
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
Chris D. Craiker, The Achitex Angle: Architectural copyright law: What’s in it for you?
“Architectural Copyright” law may sound like legal gobbledygook to you, but it’s there to protect you and your personal home designs.
It’s not uncommon for homeowners to go online, find an architectural design or interior floor plan they like, copy it and use it for their own desire. Are they infringing on a copyrighted design? Are they liable for a lawsuit? Let’s take a look.
Support local news coverage and the people who report it by subscribing to the Napa Valley Register.
The actual Architectural Copyright Protection Act of 1990 was intended to protect architectural designs that were unique, such as a Frank Lloyd Wright home, from being copied. (www.willis.law/real-estate-construction/construction-law/architectural-works-and-copyright-protection-act/)
The intent was to minimize stealing a prominent architectural design, but also to define grounds for legal action against infringements. There are two elements of a copyright claim:
1) One can’t copyright an idea, such as “open kitchen"; only a specific expression of that idea, such as a plan with unique utensils, appliances or special cabinet design.
2) When certain architectural design elements are so common, they are unprotected -- for example, a stock bathroom with a toilet, lavatory and tub in a 5-by-10-foot space.
This seems simple but interestingl,y the act became twisted in the '90s. New home construction became very cookie-cutter as lots became smaller with fixed attributes. A garage in the front, a narrow side yard entry, a standardized living room/dining room/kitchen and an upstairs floor plan, all of similar shapes. Subdivisions became redundant and repetitive using pretty much the same plans throughout.
Kaufman and Broad, K&B, designed a subdivision using simple floor plans that another architect felt was his own design, never mind that it was the same as hundreds of other plans. K&B hired me as an expert witness to show that the floor plan might have appeared the same, but the volume spaces and exterior designs were significantly different, thus not a copyright encroachment.
This was my one contribution to copyright law: It has to be more than similar floor plans; there has to be three-dimensional space duplication with identical orifices or openings.
However, life can get more complex. Recently I designed a custom home and accessory dwelling unit for a couple who sold the property to a developer. The design was copyrighted, approved by the city with very specific requirements. The developer, not wanting to pay me to continue, chose to take my plans to someone else to complete. Unfortunately, he is infringing on my copyright, unless he significantly changes the design of which I would provide consent.
In today’s world, every piece of land is unique and deserves a special solution. Taking a floor plan from any source, copying it verbatim, including the floor plans, notes, openings and elevations, is going to put someone in jeopardy. Customizing the floor plans, volume spaces, dimensions and clarifying the uniqueness of the solution to the site to fit the property and owners’ needs is the best way to proceed.
Photos: Go inside Napa city's most expensive home sold in May
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
Chris D. Craiker, The Achitex Angle: Architectural copyright law: What’s in it for you?
“Architectural Copyright” law may sound like legal gobbledygook to you, but it’s there to protect you and your personal home designs.
It’s not uncommon for homeowners to go online, find an architectural design or interior floor plan they like, copy it and use it for their own desire. Are they infringing on a copyrighted design? Are they liable for a lawsuit? Let’s take a look.
Support local news coverage and the people who report it by subscribing to the Napa Valley Register.
The actual Architectural Copyright Protection Act of 1990 was intended to protect architectural designs that were unique, such as a Frank Lloyd Wright home, from being copied. (www.willis.law/real-estate-construction/construction-law/architectural-works-and-copyright-protection-act/)
The intent was to minimize stealing a prominent architectural design, but also to define grounds for legal action against infringements. There are two elements of a copyright claim:
1) One can’t copyright an idea, such as “open kitchen"; only a specific expression of that idea, such as a plan with unique utensils, appliances or special cabinet design.
2) When certain architectural design elements are so common, they are unprotected -- for example, a stock bathroom with a toilet, lavatory and tub in a 5-by-10-foot space.
This seems simple but interestingl,y the act became twisted in the '90s. New home construction became very cookie-cutter as lots became smaller with fixed attributes. A garage in the front, a narrow side yard entry, a standardized living room/dining room/kitchen and an upstairs floor plan, all of similar shapes. Subdivisions became redundant and repetitive using pretty much the same plans throughout.
Kaufman and Broad, K&B, designed a subdivision using simple floor plans that another architect felt was his own design, never mind that it was the same as hundreds of other plans. K&B hired me as an expert witness to show that the floor plan might have appeared the same, but the volume spaces and exterior designs were significantly different, thus not a copyright encroachment.
This was my one contribution to copyright law: It has to be more than similar floor plans; there has to be three-dimensional space duplication with identical orifices or openings.
However, life can get more complex. Recently I designed a custom home and accessory dwelling unit for a couple who sold the property to a developer. The design was copyrighted, approved by the city with very specific requirements. The developer, not wanting to pay me to continue, chose to take my plans to someone else to complete. Unfortunately, he is infringing on my copyright, unless he significantly changes the design of which I would provide consent.
In today’s world, every piece of land is unique and deserves a special solution. Taking a floor plan from any source, copying it verbatim, including the floor plans, notes, openings and elevations, is going to put someone in jeopardy. Customizing the floor plans, volume spaces, dimensions and clarifying the uniqueness of the solution to the site to fit the property and owners’ needs is the best way to proceed.
Photos: Go inside Napa city's most expensive home sold in May
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
Chris D. Craiker, The Achitex Angle: Architectural copyright law: What’s in it for you?
“Architectural Copyright” law may sound like legal gobbledygook to you, but it’s there to protect you and your personal home designs.
It’s not uncommon for homeowners to go online, find an architectural design or interior floor plan they like, copy it and use it for their own desire. Are they infringing on a copyrighted design? Are they liable for a lawsuit? Let’s take a look.
Support local news coverage and the people who report it by subscribing to the Napa Valley Register.
The actual Architectural Copyright Protection Act of 1990 was intended to protect architectural designs that were unique, such as a Frank Lloyd Wright home, from being copied. (www.willis.law/real-estate-construction/construction-law/architectural-works-and-copyright-protection-act/)
The intent was to minimize stealing a prominent architectural design, but also to define grounds for legal action against infringements. There are two elements of a copyright claim:
1) One can’t copyright an idea, such as “open kitchen"; only a specific expression of that idea, such as a plan with unique utensils, appliances or special cabinet design.
2) When certain architectural design elements are so common, they are unprotected -- for example, a stock bathroom with a toilet, lavatory and tub in a 5-by-10-foot space.
This seems simple but interestingl,y the act became twisted in the '90s. New home construction became very cookie-cutter as lots became smaller with fixed attributes. A garage in the front, a narrow side yard entry, a standardized living room/dining room/kitchen and an upstairs floor plan, all of similar shapes. Subdivisions became redundant and repetitive using pretty much the same plans throughout.
Kaufman and Broad, K&B, designed a subdivision using simple floor plans that another architect felt was his own design, never mind that it was the same as hundreds of other plans. K&B hired me as an expert witness to show that the floor plan might have appeared the same, but the volume spaces and exterior designs were significantly different, thus not a copyright encroachment.
This was my one contribution to copyright law: It has to be more than similar floor plans; there has to be three-dimensional space duplication with identical orifices or openings.
However, life can get more complex. Recently I designed a custom home and accessory dwelling unit for a couple who sold the property to a developer. The design was copyrighted, approved by the city with very specific requirements. The developer, not wanting to pay me to continue, chose to take my plans to someone else to complete. Unfortunately, he is infringing on my copyright, unless he significantly changes the design of which I would provide consent.
In today’s world, every piece of land is unique and deserves a special solution. Taking a floor plan from any source, copying it verbatim, including the floor plans, notes, openings and elevations, is going to put someone in jeopardy. Customizing the floor plans, volume spaces, dimensions and clarifying the uniqueness of the solution to the site to fit the property and owners’ needs is the best way to proceed.
Photos: Go inside Napa city's most expensive home sold in May
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
14 Old Coach Road in Hagen Oaks Estates
$3.495 million: That is Napa city's most expensive home sold in May. It's located at 14 Old Coach Road in Hagen Oaks Estates.
Source: Jill Levy, Golden Gate Sotheby's International Realty
Chris D. Craiker, The Achitex Angle: Architectural copyright law: What’s in it for you?
“Architectural Copyright” law may sound like legal gobbledygook to you, but it’s there to protect you and your personal home designs.
It’s not uncommon for homeowners to go online, find an architectural design or interior floor plan they like, copy it and use it for their own desire. Are they infringing on a copyrighted design? Are they liable for a lawsuit? Let’s take a look.
The actual Architectural Copyright Protection Act of 1990 was intended to protect architectural designs that were unique, such as a Frank Lloyd Wright home, from being copied. (www.willis.law/real-estate-construction/construction-law/architectural-works-and-copyright-protection-act/)
The intent was to minimize stealing a prominent architectural design, but also to define grounds for legal action against infringements. There are two elements of a copyright claim:
1) One can’t copyright an idea, such as “open kitchen"; only a specific expression of that idea, such as a plan with unique utensils, appliances or special cabinet design.
2) When certain architectural design elements are so common, they are unprotected -- for example, a stock bathroom with a toilet, lavatory and tub in a 5-by-10-foot space.
This seems simple but interestingl,y the act became twisted in the '90s. New home construction became very cookie-cutter as lots became smaller with fixed attributes. A garage in the front, a narrow side yard entry, a standardized living room/dining room/kitchen and an upstairs floor plan, all of similar shapes. Subdivisions became redundant and repetitive using pretty much the same plans throughout.
Kaufman and Broad, K&B, designed a subdivision using simple floor plans that another architect felt was his own design, never mind that it was the same as hundreds of other plans. K&B hired me as an expert witness to show that the floor plan might have appeared the same, but the volume spaces and exterior designs were significantly different, thus not a copyright encroachment.
This was my one contribution to copyright law: It has to be more than similar floor plans; there has to be three-dimensional space duplication with identical orifices or openings.
However, life can get more complex. Recently I designed a custom home and accessory dwelling unit for a couple who sold the property to a developer. The design was copyrighted, approved by the city with very specific requirements. The developer, not wanting to pay me to continue, chose to take my plans to someone else to complete. Unfortunately, he is infringing on my copyright, unless he significantly changes the design of which I would provide consent.
In today’s world, every piece of land is unique and deserves a special solution. Taking a floor plan from any source, copying it verbatim, including the floor plans, notes, openings and elevations, is going to put someone in jeopardy. Customizing the floor plans, volume spaces, dimensions and clarifying the uniqueness of the solution to the site to fit the property and owners’ needs is the best way to proceed.
David La Rochelle lost a house to the 2017 Atlas Fire and is determined his new home won't burn.
David La Rochelle lost a house to the 2017 Atlas Fire and is determined his new home won't burn.
David La Rochelle lost a house to the 2017 Atlas Fire and is determined his new home won't burn.
David La Rochelle lost a house to the 2017 Atlas Fire and is determined his new home won't burn.
You can reach Barry Eberling at 707-256-2253 or beberling@napanews.com
Barry Eberling
Napa County Reporter
Barry Eberling covers Napa County government, transportation, the environment and general assignments. He has worked for the Napa Valley Register since fall 2014 and previously worked 27 years for the Daily Republic of Fairfield.
