DESIGNWORKS HOMES v. COLUMBIA HOUSE OF BROKERS

Nos. 19-3608, 20-1099, 20-3104, 20-3107.

9 F.4th 803 (2021)

DESIGNWORKS HOMES, INC.; Charles Lawrence James, Plaintiffs-Appellants v. COLUMBIA HOUSE OF BROKERS REALTY, INC., doing business as House of Brokers, Inc., doing business as Jackie Bulgin & Associates; Shannon L. O'Brien; Nicole Waldschlager; Deborah Ann Fisher; John Doe I; Jacqueline Bulgin, doing business as Jackie Bulgin; Carol S. Denninghoff, Defendants-Appellees. National Association of Realtors, Amicus on Behalf of Appellee(s) Designworks Homes, Inc.; Charles Lawrence James, Plaintiffs-Appellants v. Susan Horak, doing business as The Susan Horak Group Re/Max Boone Realty; Boone Group, Ltd., doing business as Re/Max Boone Realty, Defendants-Appellees. National Association of Realtors, Amicus on Behalf of Appellee(s) Designworks Homes, Inc.; Charles Lawrence James, Plaintiffs-Appellants v. Columbia House of Brokers Realty, Inc., doing business as House of Brokers, Inc., doing business as Jackie Bulgin & Associates; Shannon L. O'Brien; Nicole Waldschlager; Deborah Ann Fisher; John Doe I; Jacqueline Bulgin, doing business as Jackie Bulgin; Carol S. Denninghoff, Defendants-Appellees. Designworks Homes, Inc.; Charles Lawrence James, Plaintiffs-Appellants v. Susan Horak, doing business as The Susan Horak Group Re/Max Boone Realty; Boone Group, Ltd., doing business as Re/Max Boone Realty, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2021.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief in all of the above cases was Gregory William Keenan , of Floral Park, NY. The following attorney also appeared on the appellant brief: Andrew Benedict Grimm , of Omaha, NE.

Counsel who presented argument on behalf of the appellee and appeared on the brief in all of the above cases was Patrick David Kuehl, Jr. , of Kansas City, MO.

Before GRUENDER, ARNOLD, and STRAS, Circuit Judges.


These cases require us to determine whether a particular copyright statute, 17 U.S.C. § 120(a), provides a defense to a claim of infringement for real estate companies, their agents, and their contractors who generate drawings of home floorplans. The district court held that it did. We disagree, but we do not rule out...

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