O
n Monday, the U.S. Supreme Court declined to review an appeal that would have held real‑estate brokerages liable for producing and using floorplans in property listings. The Court’s refusal leaves in place a January ruling by the 8th U.S. Circuit Court of Appeals that deemed such floorplans a fair‑use use of copyrighted designs. The decision ends seven years of litigation and confirms that brokerages may continue to include floorplans in marketing materials without fear of infringement.

    The case, which began in 2018, centered on architect Charles James of Designworks. James’ design, registered with the U.S. Copyright Office in 2018, was used to build five homes between 1996 and 2001. Real‑estate professionals Jackie Bulgin and Susan Horak listed two of those homes, each creating a floorplan—either themselves or through a contractor—to promote the properties. The dispute questioned whether those floorplans copied James’ copyrighted design.

    The National Association of REALTORS® (NAR) has backed the brokerages throughout the litigation, providing funding and amicus briefs that highlighted floorplans’ essential role for buyers, lenders, and local regulators. “Floorplans are vital for consumers and protect agents from liability,” said NAR’s Legal Action Committee chair Wendell Bullard.

    The ruling establishes a precedent that will shield other agents who use floorplans derived from copyrighted architecture, reinforcing the industry’s ability to market homes effectively while respecting intellectual‑property rights.