Be part of the expansion and apply for the New Positions available at I Want That Design!

Do you want an exciting role in the architectural design industry?

At I Want That Design we are expanding, renovating amazing new offices and looking for the right people to join the team.

If you have;

  • Super amazing creativity,
  • Lightning fast Archicad skills,
  • Ability to look forward, whilst thinking laterally;

then go onto our careers page and checkout the positions that are available.

Introduction to Copyright & Single Use Licencing!


Introduction to Copyright & Single Use Licencing!

Far too often in our daily operations we see builders and clients not having a clear understanding of the laws relating to copyright and single use licencing. As professional residential building designers it is our responsibility to understand these laws that directly relate to our industry and the unlawful use of not only our designs but other architects and building designers. Below is a Workplace Services Information Sheet published by the HIA (April 2011), we believe this document is a great reference which outlines the laws of design and single use copyright.

 

What is copyright?

Drawings, house plans and sketches are protected by the laws of copyright. This means that the owner of copyright has the exclusive right to use their own work. Copyright can be owned, assigned, bought and sold, however this would need to be done by written agreement.

 

Do I have to register my copyright?

No, there is no registration procedure for copyright. Generally speaking copyright is created when the creator puts their ideas onto paper.

 

Who owns the copyright?

This will depend on how the plans came into existence and what contractual agreements were in place for their creation.

 

1. Did you or your employee draft the plans during the ordinary course of employment?

If the answer is YES, then the copyright in the plans will be held to be the property of you or your Company.

 

2. Did you engage an architect or draftsperson to draw up the plans?

If the answer is YES, they will retain ownership in the copyright unless you have made an alternative agreement in writing. In some cases, builders will pay a fee to the architect or draftsperson to use the plans for a particular job. However this does not necessarily mean that you have purchased the right to use those plans as you see fit and as many times as you like. The payment of a license fee will usually only entitle you to use those plans for one job.

 

3. Did the client provide you with the plans?

If the answer is YES, you should ask the client:

a)      Who they had the plans drawn by and enquire about any agreement the client might have had with that person in relation to copyright.

b)      If they have copied the plan from any other design, you should ask for a copy of the design.

c)      If they have inspected a display home or taken ideas from a display home.

 

How do I know if I am infringing on another person’s copyright?

You cannot reproduce a plan or part of a plan without the copyright owner's permission. If you are building from plans without the permission of the owner, you are breaching copyright.

 

What can I do to avoid infringing on copyright?

·     Request evidence from an owner that they have permission to use the plans that they have given you. Before starting work, you should request that the owner provide written evidence that they own the plans or that they have permission from the owner to use the plans for construction of their home.

·     Look to your building contract. In the event that you do not receive evidence or permission, your building contract provides protection in circumstances where the owner is providing the plans or designs.

·     In signing the contract, the owner indemnifies you for all costs and expenses incurred if a claim relating to a breach of copyright is bought against you. This indemnity has effect in cases where you are carrying out the works in accordance with plans which are:

a)      Supplied by the owner

b)      Prepared under instruction of the owner

c)      Prepared from sketches provided by the owner

 

Frequently Asked Questions on Copyright

 

1. If a client supplies the builder a sketch, who owns the copyright?

If the client developed the sketch and it is not a copy of someone else's plan then the client owns the copyright to the sketch.

 

2. The client asked you to produce plan drawings from a sketch which, at a later date, the builder finds out that the sketch is copyright to another builder. What is the builder's liability?

The infringing builder becomes a party to the breach of copyright and is most likely to be joined with the client in a claim.

 

3. A client supplies a full set of plans and specifications and engineering. The builder starts building and finds out during construction that the plans supplied were a copy and a breach of copyright. Is the builder liable?

Technically no, but this will not stop the claiming party from joining the builder with the infringing client in an action for damages. The builder will need to prove that they did not know about the breach of copyright. Whilst the builder will normally have a right of indemnity against the owner, this right will need to be established, and assumes the owner has capacity to pay.

 

4. The builder is requested by the client to have their sketch developed into a useable plan/drawing by a draftsperson or professional. Who owns the copyright?

The draftsperson or professional owns the copyright to the plan drawing unless it is assigned to another party. The client owns copyright in the original sketch.

 

5. A builder discovers that another builder is using a plan that he believes is his/her copyright.

How can he/she be sure that the other builder is breaching copyright?

You cannot be totally sure unless you know how the other builder developed the disputed plan. You will need to show that the disputed plan is substantially the same as your plan. You will need to identify unique features that are your copyright, and you will need to get the appropriate legal advice.

 

6. How much do I need to change to avoid breaching someone else’s copyright?

Unfortunately there is no straight forward answer to this question.  Some factors to consider when assessing the chances of breaching someone’s copyright include:

·         There is no set percentage of a plan etc that you can change in order to avoid breaching someone’s copyright.

·         Consider the history and development of the house plan, how have you come up with the idea?

·         Have you drawn on your own past experiences when altering the existing designs?

·         How similar are the two sets of plans? Is that a substantial likeness? If there is, you may be breaching copyright.

·         Are you adding anything or making any changes that could be consider a unique design or feature? If you are, you may be making significant changes to the design to avoid breaching another persons’ copyright.

 

7. What action should a builder undertake if he becomes a party to a copyright claim?

The builder should immediately seek legal advice.

 

* References: Workplace Services Information Sheet HIA April 2011.

The Green Squeeze

As lot sizes get smaller even with smaller building footprints the net effect is a green squeeze that challenges the innate need for the human relationship with plants.

In the good old days there was enough land around a dwelling to enable a decent area of lawn plus some perimeter planting to soften the straight lines of the structure, screen the neighbours and provide some food and shade.

Introduce small lots, zero lot garages, double car driveways, a mandatory water tank and pump, two garbage bins, gas bottles, wall mounted air conditioners and hot water, and a clothes line, and often on a sloping site requiring retaining and the pressure is on. Not even a cat can do a u-turn in some situations. 

Shading from the building often 1500mm from the 1800mm high fence would not be so bad in good soil but much sloping residential land is a poor soil type of little interest to most self respecting plants. 

Introduced garden loams are only suited to fibrous rooted shrubs and opportunistic weeds and are susceptible to leaching in a wet season and drought in the dry season, yet are the only way any plants can be introduced where serious site excavation has occurred. Blending of introduced and original soils is unusual but important.

Ornamental plants are as they say, ornamental. We select and manage the style, shape and position of these live ornaments to our benefit and satisfaction. Placing key small to medium trees strategically and then adding low growing complimentary contrasting foliage is one way to address the challenges posed by the green squeeze. It calls for judicious use of low maintenance, self shaping, long flowering, contrasting foliage placed where it can be seen from all points of observation within and outside the residence. 

Councils are generally keen to establish street trees and these should be seen as complimentary and worked into the overall property landscape concept. Many street trees have a clear trunk of 1800mm for safety and visibility but are mostly capable of maturing to a good height especially if the home owner helps them on with a little fertiliser and water in the early stages during prolonged dry seasons.

The green squeeze is here to stay. It calls for structural design considerations, respect for human needs and a heightened awareness of the importance of plants in all aspects of life on earth. 

Multi Award Winning Designs by I Want That Design

Building firm Pycon Homes & Constructions added two new trophies to their cabinet after attending the New South Wales Master Builders Association Gala Awards night in Newcastle on Friday night (24th August 2012). 

Pycon was nominated in two award categories including Display Home of the Year under $250,000 and Medium Density over 5 Dwellings.

The Display Home, located at Port Macquarie Homeworld Display Village at Sovereign Hills precinct was judged best entry and took home the trophy for 2012.

‘To win such a prestigious award by beating some well-known national franchise builders was a huge achievement. We knew there was something special about our display home but winning this award just blew us away,’ said Adam Suitor. 

The Display Home was designed by the firm I Want That Design (Lisa Yarker, Creative Director and Co-founder of iwantthatdesign.com.au).

The second of the two award wins was for ‘Sala’ a multi-dwelling project on North Harbour, Port Macquarie. This project features seven strata title waterfront residences taking in sweeping views of the canals area. 

‘The ‘Sala’ project is one of the company’s finest projects to date. We have actually had photographers using the development for backdrops in photo shoots and we were also approached by an advertising agency to use one of the townhouses for a film project.’

(The project was named and designed once again by Creative Director & Co-Founder Lisa Yarker, having part Thai decent. ‘Sala” meaning “place of rest and contemplation”)

As part of the winning spoils, Pycon Homes & Constructions took home quality trophies and will now feature in the annual MBA 2012 Excellence in Building Awards magazine which is distributed through newsstands across the Region and to Master Builder members.

Competitive Construction: Cladding Vs Brick

Competitive Construction

By utilising lightweight cladding, you can gain 10m2 in usable floor area for the same house footprint as a brick veneer.  Would it be easier to sell a 190m2 house for $180k or a 180m2 for $190k….that's what you have to ask. What do you do with the savings?

1.     Put it in your pocket

2.     Upgrade the kitchen to stone top benches, Miele appliances….which gives a higher "perceived value" to the consumer, so it will sell quicker against other homes of similar cost

3.     Pass on the savings and bring the sell price down….just be more competitive

Do the Facts Stack Up?

Find out the facts for yourself and implement the benefits.  By utilising James Hardie cladding products you can benefit in enhanced energy efficiency, reduced construction time frames, modern design options, plus benefits for owners after constructions; such as low maintenance. 

Take a few moments to find out further benefits by checking out the James Hardie design tools or contact your James Hardie Territory Manager; 

Product

Buy rate/m2

Accessories

Install rate/m2

Paint rate/m2

Total

Comments

Axon

$25.00

$3.00

$20.00

$12.00

$60.00

all of these beat the face brick price

Easylap

$17.00

$3.00

$20.00

$12.00

$52.00

 

H'plank 230 smooth

$14.00

$2.00

$22.00

$12.00

$50.00

 

Newport

$28.00

$1.00

$20.00

$12.00

$61.00

 

Linea

$36.00

$6.00

$22.00

$12.00

$76.00

the remaining "feature" products beat rendered brick

Stria

$40.00

$3.00

$20.00

$12.00

$75.00

 

Face Brick

$21.00

included

$45.00

$0.00

$66.00

Face brick price is the one to beat

Rendered Brick

$20.00

included

$35.00

$40.00

$95.00

 

(Information provided by James Hardie. OWC is what it costs to supply; install (lay) and paint (render and paint). The table of comparative pricing below is based on Gold Coast prices, pricing may vary and are subject to change.  Information has been provided as a guide only, ensure you research relevant information specific to your own area, pricing and requirements)

Colour Floor Plans... Get The Marketing Edge

Colour Furnished Floor Plans

Colour furnished floorplans are a great way to explain to your client how the final outcome of the home may look. Furniture placement is shown to express the room’s layout potential. Colour floorplans are utilised in marketing material, including websites and hardcopy brochure type collateral.

Colour and Design

Colour, when applied appropriately, can yield massive power over the decision of a prospective home building client. Our extensive range of colour floorplans, 3D colour renders and marketing brochures are precisely what you need to get that buyer in the door!  Not only are they visually appealing, but they can take the guess work out of final external finishes. 

Colour Floor Plans can also be used in conjunction with landscape plans to give the client a visual perspective of their finished dream home. I Want That Design is capable of designing colour images to suit the needs of the discerning buyer, or marketing material for builders to show off their home construction potential.

 

Tackling Development Covenant Design Requirements

Many developers implement design/building standards and requirements for their estate which the buyer agrees to abide by, being a design guideline and covenant included in the contract of sale.  These design covenants generally ensure the long term growth and value of the estate continues, benefiting both resident owners and the developer.  Tackling these design requirements can sometimes be daunting, particularly in a market where the cost of construction has increased considerably.  

Designers are now faced with the challenge of meeting the aesthetic requirements of the developers’ covenants, whilst keeping the construction methods cost effective for the owner and builder.  There is no point designing a house that the owners cannot afford to build, and so it is very important that designers work closely with owners and builders to understand not only the owners’ brief, but also the budget available to meet the covenant requirements.  I Want That Design welcome covenant design requirements, it gives our designers the creative platform for which to meet.  

Through the use of material finishes such as James Hardie products we have been able to resolve these challenges, whilst working with our clients to talk through preferred cost effective construction methods.  

Welcome To The I Want That Design Blog

2011 is shaping up to be a great year for I Want That Design. We have lots of new house designs already loaded onto the website and lots more to come soon. Don't forget we can provide colour floor plans & 3D renders for home designs, colour brochures, construction & landscaping plans, colour selections and more...

I Want That Design is designed for you, the builder/developer. It is designed to save you money, time, hassles and more importantly create more enquiries and sales!Assist your sales team in turning potential clients into actual clients by providing them with access to an extensive range of quality designs, colour floor plans and elevations which is constantly growing!If you also need a revamp on any of your existing designs then contact us to discuss how we can achieve this for your design range.

Landscaping Plans

Our resident in-house landscape designer & horticulturist Ian is here to assist you and your clients with great low maintenance, drought tolerant, attractive designs to meet modern outdoor lifestyles. More and more emphasis is being placed landscaping within estates and having to now provide developers & council with plans as part of the covenant/council approvals. So whether it’s a large or small job black & white or full colour we have the expertise to ensure that we deliver a high quality landscape design solutions for every project.