Copying house designs: Barrett Property Group Pty Ltd v Metricon Homes Pty Ltd

In Barrett Property Group Pty Ltd v Metricon Homes Pty Ltd [2007] FCA 1509 the Federal Court upheld a breach of copyright claim by Porter Davis Homes because substantial parts ("the alfresco quadrant") of certain of its home designs had been copied by Metricon Homes to produce designs from which project homes have been built and sold to the public.

Judge Gilmour gives a thorough review of copyright issues relating to project home design and the importance of "overall impression", analysing firstly whether the claimant's design was capable of protection and then conducting an objective similarity analysis to decide whether the defendant's designs were in breach.