Watkins v. Chesapeake Custom Homes, L.L.C., Civ.A. No. RDB-03-89.

• Decision Date: 12 August 2004
• Docket Number: Civ.A. No. RDB-03-89.
• Parties: Bruce Eugene WATKINS, et al., Plaintiffs, v. CHESAPEAKE CUSTOM HOMES, L.L.C., et al., Defendants.
• Court: U.S. District Court — District of Maryland

330 F.Supp.2d 563

Bruce Eugene WATKINS, et al., Plaintiffs, v. CHESAPEAKE CUSTOM HOMES, L.L.C., et al., Defendants.

Civ.A. No. RDB-03-89.

United States District Court, D. Maryland, Southern Division.

August 12, 2004.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Sidney S. Friedman, Joseph M. Gusmano, Weinstock, Friedman and Friedman PA, Baltimore, MD, for Plaintiffs.

Frederick Gilbert Michaud, Law Office of Frederick G. Michaud, Ryan P. Page, Washington, DC, Albert Tramposch, Robert W. DeVos, Burns, Doane, Swecker and Mathis LLP, Alexandria, VA, for Defendants.

MEMORANDUM OPINION

BENNETT, District Judge.

This is a copyright infringement action that was brought by Plaintiffs, Bruce and Gail Watkins, against Chesapeake Custom Homes, L.L.C. (Chesapeake), its President, Frank Lucente, and its General Manager, Gregory Wilby. Chesapeake is a Maryland home builder with whom Plaintiffs contracted to build a new home. Plaintiffs' infringement claim is based on copyright registrations that they obtained on several sketches and photographs that they claim represent the "B & G Watkins Grand Master Suite" (Grand Master Suite), which is essentially a reconfiguration of the second floor of Chesapeake's standard "Lexington I" model home ("Lexington" or "Lexington model"). Based on the sketches, Chesapeake's architect, Inner Dimensions, modified the existing architectural plans of the Lexington to reflect Plaintiffs' modifications and revisions. The home was built based on the Inner Dimensions plans.

The Watkins applied for copyright registration for their Grand Master Suite after learning that Chesapeake was marketing and building two new home models, the "Lexington II" and "Lexington III." They contend that, in designing these two models, Chesapeake copied Mr. Watkins' design for the Grand Master Suite. Plaintiffs brought the instant action alleging that Chesapeake is infringing their copyrights by continuing to build homes that were based on the infringing design.

Defendants have moved for summary judgment on three bases. First, they contend that the copyright registrations are invalid because Mr. Watkins supplied the United States Copyright Office ("Copyright Office") with false and misleading information. Second, they argue that rearranging several rooms within the existing footprint of a model home does not rise to the level of originality required by the copyright laws. Finally, Defendants assert that the works are derivative and therefore require the permission of the maker.

In response, Plaintiffs argue that they have satisfied the elements for a prima facie case of copyright infringement, and they attempt to identify several material issues of fact that they contend preclude summary judgment. After the parties had thoroughly briefed the issues, the Court held a hearing on the Defendants' Motion on August 5, 2004. For the reasons that follow, Defendants' Motion for Summary Judgment will be GRANTED.

I. Background

In 1997, the Watkins met with Chesapeake representative Holly Singletary to discuss the purchase of a parcel of land in Chesapeake's Graystone subdivision in Upper Marlboro, Maryland. Plaintiffs initially told Ms. Singletary that they were not interested in purchasing a Chesapeake-constructed home because they wanted a "one-of-a-kind" home that would never be available on the general market. (Bruce E. Watkins Dep. at 27:15-19; 64:18.) She showed the Watkins a "cut sheet" that roughly illustrated the layout of the floor plan of the Lexington model. (Id. at 27:20, 28:3.) The cut sheet lacked scale and dimension. (Def.'s Mem. Supp. Mot. Summ. J. Ex. 3 at 2.) The Lexington floor plan featured a second-floor master bedroom suite consisting of the bedroom, a large bathroom, a sitting room, and a walk-in closet. (Id.) The floor plan also included a first-floor family room with a cathedral ceiling that extended into the second-floor space. (Id.) Mr. Watkins met with Greg Wilby at Chesapeake to see if it would be possible to eliminate the cathedral ceiling and use the space over the family room to enlarge the master bedroom. (Watkins Dep. at 26:4-10.) Prior to meeting with Mr. Wilby, Mr. Watkins had viewed another model home designed by Chesapeake called the "Grandhaven II,"¹ which featured a second-floor master bedroom and master bath over the first floor family room and garage. (Id. at 33:19-35:2, 36:1-11.)

At his meeting with Wilby, Mr. Watkins drew a rough sketch to illustrate his proposed "alterations" to the Lexington. (Id. at 25:12-26:14.) Wilby testified that he was familiar with that arrangement and believed that it was architecturally-feasible to incorporate Mr. Watkins' ideas because Chesapeake had previously built the "Mullens residence"² which had the second floor master bathroom in the front of the house with the master bedroom directly behind it. (Gregory Wilby Dep. at 48:1-16, 116:12-117:9.) Wilby told Mr. Watkins that he would follow-up with him after he checked with Inner Dimensions to make sure that the changes were, in fact, feasible given the design of the Lexington. (Watkins Dep. at 26:17-21.) Mr. Watkins was subsequently informed that Inner Dimensions, as the architect for Chesapeake, had indicated to Chesapeake that the modifications were feasible. (Id. at 28:13-29:5.) The parties set a date to execute a contract. (Id.)

Mr. and Mrs. Watkins signed the contract for the purchase of the modified Lexington on September 14, 1997. (Def.'s Mem. Supp. Mot. Summ. J. Ex. 7.) Mr. Watkins drew a sketch to illustrate the changes he wanted in the second floor master bedroom suite. (Def.'s Mem. Supp. Mot. Summ. J. Ex. 8.) That sketch was attached to the contract as "Attachment A." (Def.'s Mem. Supp. Mot. Summ. J. Ex. 7 at CCH 0009.) Also inserted in the contract was the handwritten language "with upper level as modified by purchaser; see Attachment A; attached hereto and made a part hereof." (Id. at CCH 0003.) The contract specified that the Watkins were to pay $10,000.00 in addition to the sales price for the modifications requested by Mr. Watkins. (Id. at CCH 0011.)

After he signed the contract, Mr. Watkins made additional drawings to illustrate his desired modifications to the second floor of the Lexington. (Def.'s Mem. Supp. Mot. Summ. J. Exs. 9 & 10.) All of Mr. Watkins' drawings up to that point were on 8 1/2 by 11 inch paper, and lacked both dimension and scale. (Watkins Dep. at 44:15-45:11 and 58:1-8.) Mr. Watkins indicated that this was because Chesapeake had not yet built a Lexington model, and it was therefore unable to supply him with the dimensions that he needed to "figure out where things could actually fit." (Id. at 42:6-18.) Because the drawings lacked scale and dimension, Mr. Watkins acknowledged that a home could not be built based on his drawings. (Id. at 45:7-11.)

The contract was contingent on a tour by the Watkins of a completed Lexington. Mr. Wilby conducted that tour with Mr. Watkins on January 21, 1998, and Addendum 2 to the contract was modified to reflect the satisfaction of that condition. (Def.'s Mem. Supp. Mot. Summ. J. Ex. 7 at CCH 0016.) That same day, the Watkins signed a new addendum specifying additional modifications to the contract. (Id. at CCH 0012.) That provision did not change the price of the house but specified that $2,500.00 of the Watkins' deposit was to be applied to the cost of making architectural drawings for the modified Lexington, and that those monies would not be refundable. (Id.) The same provision was also included in an addendum that was signed on March 31, 1998. (Id. at CCH 0017-20.) Mr. Watkins was informed that Inner Dimensions was to make the final architectural plans for his new home so that the architect could "make sure it worked, and also to get permits." (Watkins Dep. at 43:14-19.)

Inner Dimensions revised the existing second floor plans for the standard Lexington to reflect the changes requested by Mr. Watkins and titled the revised plan "the Lexington-Watkins Residence" ("Watkins residence"). (Def.'s Mem. Supp. Mot. Summ. J. Ex. 11.) Inner Dimensions had copies of all of Mr. Watkins' 8 1/2 by 11 drawings, and reviewed those drawings before completing the Watkins residence plans. (Def.'s Mem. Supp. Mot. Summ. J. at 5.)

On or about March 1, 1998, after he had reviewed Chesapeake's Watkins residence drawing,³ Mr. Watkins made a large computer-aided-design ("CAD") drawing⁴ which included the second floor of the Lexington partial side view. (Def.'s Mem. Supp. Mot. Summ. J. Ex. 13.) In the hearing before this Court, Plaintiffs' counsel indicated that Mr. Watkins took the "footprint" and dimensions for that drawing directly from Chesapeake's architectural plans. The purpose of the CAD drawing was to demonstrate changes that Mr. Watkins wanted to be made by Chesapeake's architect. (See id. (containing notations such as "we want an oval shaped tub installed in the master bath," etc.); Watkins Dep. at 57:2-17.)

Chesapeake built the Watkins' Residence using the architectural plans prepared by Inner Dimensions, as modified at Mr. Watkins' request. (Watkins Dep. at 32:12-18.) Thereafter, Mr. Watkins learned that Chesapeake was marketing and building the Lexington II and Lexington III models, which he considered to have the same second floor plan as his house. (Id. at 31:21-32:13.) Upon learning of this, Mr. Watkins began the process of seeking copyright protection for his drawings, and he placed copyright notices on his drawings. (Id. at 31:11-33:10.)

Mr. Watkins then submitted two applications for copyright registration to the Copyright Office. Both applications for registration were filed as "Derivative Work[s] or Compilation[s]" made with permission of the owner of a preexisting work. Both registrations identify the "preexisting work" referred to in the application as "ARCHITECTURAL DRAWING FROM BUILDER USED WITH PERMISSION." (Pl.'s Compl. Exs. 5 & 6.) Mr. Watkins has testified that the "drawings from builder" phrase...