Masterson v. McCroskie

This case involves an alleged infringement of a common law copyright in architectural plans for a house. The sole issue here is whether *462there was a general publication, which would take from the plans the protection afforded by a common law copyright. As plaintiffs in the trial court, Mr. and Mrs. Masterson sought damages from defendant McCro-skie for using their plans to build his house.

The trial court held that delivery of the plans to the general contractor and to the subcontractors without any express restriction amounted to a general publication. The trial court ruled that this was fatal…