Cases & Deals

National Association of REALTORS® files Fifth Circuit amicus brief in copyright case

Client(s) National Association of REALTORS® and Texas REALTORS®

Jones Day filed an amici curiae brief in the Fifth Circuit on behalf of the National Association of REALTORS® and Texas REALTORS® in a copyright case involving floorplans. The brief principally argues that the court should affirm the district court’s holding that floorplans are covered by a defense in the Copyright Act for making "pictures" or "pictorial representations" of certain architectural works, explaining that a contrary decision would severely limit property rights and destabilize the real estate industry. The brief also argues that the district court's decision is supported by the Copyright Act's text, contextual clues, and basic interpretive principles.

Kipp Flores Architects, LLC v. AMH Creekside Development, LLC, et al., No. 23-50750 (5th Cir.)