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AR's Legal Action Committee and Amicus Brief Advisory Board have been supporting two brokerages in a six-year case against copyright infringement claims, ultimately leading to a significant victory for real estate professionals.

    The Eighth Circuit Court of Appeals has ruled that using floorplans in real estate listings is a fair use of copyrighted home designs under copyright law. This decision protects one of the most valuable marketing tools agents and brokers have at their disposal. The court's ruling affirms lower court decisions, stating that defendant brokerages and professionals did not violate a home designer's copyright when they included floorplans of sellers' homes in their listings.

    NAR's Legal Action Committee chair Wendell Bullard says this is "excellent news for the real estate industry." He notes that floorplans are critical to marketing properties, and this decision ensures real estate professionals and consumers can benefit from including them in the homebuying and selling process. The defendants, including Missouri-based House of Brokers Realty, Inc., and The Susan Horak Group Re/Max Boone Realty, sought NAR's assistance through the Legal Action Program.

    The case centered on whether creating and displaying a floorplan of a copyrighted home design violated copyright law. The brokerages argued that their use of the floorplans was considered "fair use," a legal defense against copyright infringement. After nearly six years of litigation, the Eighth Circuit Court of Appeals agreed with the brokerages, stating that using floorplans in listings for existing homes increases the number of potential buyers willing to consider buying them, ultimately benefiting the home designer.

    This ruling sends a strong message to the marketplace, deterring future opportunistic litigation targeting brokers and agents over similar copyright claims. NAR's Legal Action Program supports parties to litigation with significant impacts on the real estate industry, property rights, and trade association operations. The program provided funding assistance and approved NAR's amicus participation in this case.