The Eighth Circuit Court of Appeals has ruled in favor of defendant brokerages and agents using floor plans when marketing properties.

The unanimous decision came Jan. 15 in the cases Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc., et al. and Designworks Homes, Inc. v. Susan Horak, et al., in which the same plaintiff, a home designer, accused real estate agents of infringing on copyright by utilizing floor plans to market homes.

The decision affirms that floor plans qualify as a “fair use” under copyright law. The official opinion also highlighted how floor plan inclusion in listings can make it easier for buyers to evaluate properties, ultimately benefiting designers by enhancing value.

The National Association of REALTORS®’ (NAR) Legal Action Program has supported the defendants in the case since 2018. As the case progressed through several appeals over the years, NAR filed three amicus briefs to ensure the courts understood the broader implications this verdict could have on the real estate industry.

“This decision represents a significant win for members and the consumers they serve,” NAR President Kevin Sears said in a statement. “Floor plans 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.”

NAR’s latest Home Buyers and Sellers Generational Trends report found that floor plans were considered “very useful” by nearly half of homebuyers who shopped online, outranking other categories like neighborhood information, virtual open houses and surrounding price data.