Building Graphics, Inc. is an architecture firm located in Charlotte, North Carolina. The firm registered copyrights on some of its home plans between 1993 and 1998. Lennar Corp. builds homes in eighteen states and planned to enter the Charlotte market in 2001. Lennar hired Drafting & Design, Inc., an architecture firm, to design homes for Lennar to build in the Charlotte area.
Building Graphics sued Lennar and Drafting & Design for infringing the copyrights on three of its home plans from the 1990s. Following discovery, Lennar and Drafting & Design moved for summary judgment. The district court granted the defendants’ motion, ruling that Building Graphics did not show that it was reasonably possible that Lennar had access to Building Graphics’ copyrighted home plans and that there was no substantial similarity between the two sets of plans. The Fourth Circuit affirmed the district court’s decision based on Building Graphics’ failure to show a reasonable possibility of Lennar’s access to the copyrighted plans.