Robert C. Mention v. Henry Brandt Gessell

The Oregon architectural firm of Mention, Hanns, and Lindburg (MHL) alleged common law copyright infringement against Gessell, Smith, and Mosman (GSM) of Washington, based on GSM’s copying and use of MHL’s plans and drawings for construction of migrant labor housing. A jury found for MHL and awarded damages of $95,755. The district court denied GSM’s motions for a judgment notwithstanding the verdict or new trial. We reverse, since MHL’s claim was barred, in whole or in part, by the statute of limitations, and was preempted in part by the federal Copyright Act of 1976.

Background

Mention, Hanns, and Lindburg (MHL) are partners of a Salem, Oregon, architectural firm. MHL contracted in 1974 with the Marion County Housing Authority in Oregon to design migrant labor housing. The housing was financed by the Farmers Home Administration (FmHA). The contract was based on architectural plans and drawings developed by MHL in 1974-75. Thirty sets of plans were subsequently sent to various parties, including potential contractors and subcontractors, a copying service, plan exchange centers, several state and county agencies, municipalities, and the FmHA. The Marion County Project was…