A legal showdown that began in 2018 concluded this week with the National Association of REALTORS®-supported brokerages emerging victorious. The United States Supreme Court declined to hear an appeal in a long-running case that hinged on whether creating and including floorplans in home listings infringed the architect’s copyright. As a result, a lower court’s ruling that deemed such use “fair use” remains intact, offering broad protection to real-estate professionals across the country (Block, 2025).

In analysis, this outcome is a meaningful win for the brokerage community — it reinforces that floorplans have become a foundational component of listing tools and marketing strategies rather than optional extras. The ruling also signals that courts may continue viewing typical brokerage uses of floorplans (such as marketing, appraisals, and required documentation) as valid under fair use, provided they’re used in standard commercial contexts rather than exploitative ones. From a strategic standpoint, brokerages may now feel more secure in investing in floorplan production, knowing the legal precedent supports their use — but they should still remain mindful of the boundaries of fair use, especially when dealing with unique or highly creative architectural works that might invite future claims.

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Source & Citation:
Block, C. (2025, October 17). Supreme Court brings seven-year floorplans case to a close, delivers win to brokerages.REALTOR® Magazine. National Association of REALTORS®. Retrieved from https://www.nar.realtor/magazine/real-estate-news/law-and-ethics/supreme-court-brings-seven-year-floorplans-case-to-a-close-delivers-win-to-brokerages

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