Skip to main content
Find a Lawyer

United States Second Circuit


Scholz Design, Inc. v. Sard Custom Homes, LLC, 11-3298

In a suit for copyright infringement and related claims for breach of contract and violations of the Digital Millennium Copyright Act concerning architectural drawings of homes, district court's judgment is reversed in part, vacated in part and remanded where: 1) the district court erred in granting defendants' motion to dismiss in deciding that the architectural drawings were not protected by the Copyright Act as the drawings are sufficiently original to receive protection as "pictoral, graphic, or sculptural works"; and 2) because the district court dismissed the plaintiff's claims for breach of contract and violations of the Digital Millennium Copyright Act based on its conclusion that the drawings were not protected by copyright, the dismissal of these claims are vacated.

Appellate Information

  • Decided 08/15/2012
  • Published 08/15/2012

Judges

  • Sack

Court

  • United States Second Circuit

Counsel

Copied to clipboard