CHICAGO (January 15, 2025) – The National Association of REALTORS® (NAR) today announced the Eighth Circuit Court of Appeals issued a unanimous decision finding that the defendant brokerages and agents in Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc., et al. and Designworks Homes, Inc. v. Susan Horak, et al. did not infringe the plaintiff’s copyright when using floorplans in marketing properties. The case is the culmination of support from NAR’s Legal Action Program since 2018. 

This ruling provides important legal clarity for members in using this critical marketing tool without fear of violating copyright law, better safeguarding an essential resource for real estate professionals and consumers. 

“This decision represents a significant win for members and the consumers they serve,” said Kevin Sears, president of NAR. “Floorplans are indispensable tools for agents to market properties effectively and for consumers to make informed decisions during their property search. This legal victory demonstrates how working together at all levels can ensure members have the tools needed to serve their clients. We’ll continue to invest in supporting our state and local counterparts where we believe we can make a positive difference.” 

The decision affirms that the defendant brokerages’ and real estate professionals’ use of the floorplans qualified as a “fair use” under copyright law. The court highlighted how including floorplans in listings makes it easier for buyers to evaluate properties, helping homes sell faster or at a higher price—ultimately benefiting designers by enhancing the value of their creations. The ruling also sends a strong message to the marketplace that may deter future opportunistic litigation targeting brokers and agents over similar copyright claims. 

The court’s opinion stated:

“Putting floorplans in listings for existing Designworks homes makes it less costly for potential buyers to discover the homes’ layouts and dimensions, [which] tends to increase the number of potential buyers willing to consider buying the homes. The result is that the homes should, on average, resell more quickly or for a higher price than they would absent the use of floorplans.” 

The case also underscores the power of collaboration between associations. When the case was initially before the district court in 2018, NAR’s Legal Action Committee immediately recognized the importance of fighting to protect consumers’ and the real estate industry’s use of floorplans and signed on to support the defendants. As the case progressed through several appeals, NAR also filed three amicus briefs to ensure the courts understood the broader implications for the real estate industry and consumers. Throughout, NAR worked closely with the Columbia Board of REALTORS® to support the defendant brokers and agents.   

“We have appreciated the support of NAR’s Legal Action Committee and Program throughout this protracted litigation,” says CBR CEO Brian Toohey. “NAR’s amicus contributions were integral to demonstrating to the Eighth Circuit the importance of floorplans to the real estate industry and property owners.”