Typically, one of the larger impediments to efficient energy harnessing from a PV system, is the fact that as the panel heats up, the efficiency drops off.  By tying the two systems together, the domestic hot water collector acts as a cooling device for the PV portion of the panel, not only limiting the footprint of a dual system, but also improving the performance of the PV portion.

Traditional PV systems loose efficiency at the rate of 1/2% per degree of temperature increase.  Research and Develompent at Solimpeks claims that PV efficiency has been tested as high as 28%, while producing 104-160 degree water.  By stabilizing the panel at 113 degrees, approximately 20% more electrical output is produced, as when compared to a traditional PV system with the same peak output.

According to the company, tests by independent organizations have shown that an average single family residence in Northern Europe would need 270 square feet to meet their hot water and electrical demands.

Solimpeks Volther offers two different models, emphasizing either hot water collection, or electrical energy production.  The PV utilizes monocrystalline silicon cells, and the hot water portion uses copper tubing.

The first system was installed in May, 2010 in England, and the company sells directly to the US market from Turkey.

MarkWagner<>Gravitas

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Sometimes, though, we meet with a couple, and in their scrap book for their dream home they have found a plan from an architect, or building company that they just love.  They want “That” home, with some modifications.  That’s when we have the discussion about intellectual property rights.  We are in the creation business.  So is our competition. US copyright law has given everyone a tool with which to protect their investment in time, and secure the right to use a design, work of art, book, or any unique published creation.  We go through great lengths respecting the copyright that others have over their work.  We’ve lost projects, because we have told our prospective clients that we can’t copy someone else’s design.  We either need to purchase the right to use it, or come up with something new.

This is where a lot of the commentary in the industry lies.  How much do you need to change a plan to make it unique, or at least to not infringe on the copyright holder?  Let me preface this, and everything else before, and after with a disclaimer.  I am not a lawyer.  I don’t pretend to be one, nor do I want to be one.  I am just a person that has had to  work with intellectual property rights since I first started down the architecture path many years ago.  The words in this entry are purely my own opinion, and you should seek the counsel of someone versed in your specific needs, as necessary. .

The rule of thumb in the industry that I was taught was that it’s acceptable to use another persons idea, as long as I changed the design by 17%..  I think this is rather comical. What constitutes 17%?  I certainly don’t know if moving a bathroom, and enlarging the floor plan is adequate.  I can’t track 17% changes to something, and if we were concerned about just meeting that number, we would not be doing our clients any justice.  If you think you so close that you need to know what 17% is, you are way too close.

We have a program called “Plan of the Month”.  This is where we take one of our past projects and offer it as a “standard” plan.  These are our unique creations based on specific client parameters, so we may use them in any manner we see fit.  We have outlined what rights we have reserved for Gravitas in the contract with our clients, as well as on our title block, so all parties are aware of what is happening.

Recently we issued out one of our plans in this manner.  Later, after reviewing an issue of Log Home Living, we noticed that there was a plan very similar to one we had created.  Immediately, we went to our files, to see what had happened.  As a general rule, the first thing we do is make sure that we didn’t step on any toes, and take something that wasn’t ours.  We always respect where an idea comes from in the design process, but you can’t always control where a client is inspired.  It turns out that there were some plan sketches in the file that the owner provided, and they looked too close to the published plan for comfort.  We didn’t infringe on copyright with our process, but the owner brought something into the system that wasn’t acceptable and put us in a predicament.  We notified the company that had published the plan, and let them know we had just become aware of the problem, and had removed it from use in our plan book.  Luckily we are on good terms with them, and they could see we took the necessary steps to stop the infringement that had been caused.

The courts use a determination of “substantial similarity.”¹) when figuring out if there is an infringement case.  This is a subjective determination but that is the nature of design.  It comes down to if an ordinary observer, after discounting disparities in the design, would find the two designs to be substantially similar²).  For us, it comes down to a gut check; if we feel two designs look close to each other, they are, and we address the problem.

We work with contractors or log, timber, or modular manufacturers that have stock plans.  They often wish to have their plan used with a prospective client, but with some changes.  In this instance, that company is the copyright holder, and so it works out well.  Where there is a problem, is when a client brings in a plan from a log home manufacturer (for instance), and they want to go elsewhere for their log materials but use that plan.  We have a simple answer.  Either license the right to use the plan from the original creator, or let’s start from scratch.

Going through our design process and creating a unique design for the specific needs of a client ends up with a home that is better tailored to the individual.  We say that you shouldn’t modify your living habits to match a particular stock plan, but that you should modify your building design to match your particular living habits.  A fully custom home is not always in the needs of our clients though.  These are times when a stock plan would be useful.  Some copyright holders offer their plans for use on a licensing basis for a small fee. This would allow you to use the plan as a template to make your changes. At Gravitas we currently license our plans for $.25/SF. We have relationships with many contractors, developers and manufactures and they highlight our plans on their web sites as “The Gravitas Series”, or in some other manner acknowledging the source of the material. This allows them to show our plans and then license them for use with individual clients if they want to use their own in-house designers without any copyright infringement.

MarkWagner<>Gravitas

1. Howard v. Sterchi, 974 F.2d 1272, 1276 (11th Cir. 1992
2. Shine, 382 F. Supp. 2d at 614 (quoting Folio Impressions, Inc. v. Byer Cal., 937 F.2d 759, 765 (2d Cir. 1991

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The owners came across our company through a mutual friend.  We’re always appreciative when past clients, and future friends can pass along our name to those in need of thoughtful design.  After the owners diligently investigated us, and our web presence, they called, and discussed their needs with Derek.  What ensued was the typical package of sketches being sent, and descriptions of likes, and dislikes.  Derek then integrated all of the ideas, and came up with a  contemporary little writing studio.

We are only a few days away from the final punch list, and we hope to get photographs of the finished work in a few weeks.  Good timing to enjoy the cool Boise evenings.  I’ll be sure to include them in a future post.

Here we can see the little house in all of its glory.  One of Derek’s soft spots is for the faithful ‘butterfly roof’.  It’s simplicity in design ins contrasted with its complexity of construction.  We were treated to some interesting stories of its construction by the crew from Green Remodeling, who did a terrific job helping to realize the owner’s dreams, and Derek’s vision.  One of the wonderful things about this sort of roof, is the fact that all of the wall studs, and all of the roof rafters are unique in length.  This, in addition to the compound angle makes a standard out of the box approach to construction unsuccessful.  Thankfully, Kenji Wright, John King, and Josh Bogle were able to accommodate the design, and deal with the mathematics of the framing.

As with any remodel, or addition, staging the construction of the project can present some challenges.  The site is located at the back of the lot, perched 30 feet above the road.  Luckily there was a vacant lot behind the building (behind the fencing we see to the right).  Through this lot, they were able to bring in the concrete for the foundation, and the floor, as well as the other building materials.  Utilities had to be trenched out to the front of the house.

Siding is T-111 no groove panel, with 1×2” cedar battens at 16” on center.  All earth tones on the finishes help to reinforce the timber feeling, and blend in with the surrounding landscape.  One of the not so surprising ramifications of a ‘butterfly roof’ is the tremendous water collection that it affords.  In this case, the runoff is channeled to a small spillway, that deflects the force of the water as it hits the ground.  The rain is then allowed to gently seep into the soil.  That’s the theory at least.  I’ll check in next spring, and see how things are going.

A fish-eye perspective of Kenji finishing taping before the final finish is put on the loft floor.  The open loft looks down into the common area, with a kitchenette, and writing bench below the window.

Family friend “Woody” stands at the ready to greet any new arrivals.   The owners’ other pooch, a Corgi, is behind the scenes, making sure that everything is built according to plan.  The deck makes a nice perch to view the rest of the yard, and the use of canted beams eliminates the columns breaking up the natural flow, and the site lines.

The landscape walls are made of lava rock, and they turned an aggressively sloping back yard into a series of terraces.  This created much more usable space for the family to enjoy the Boise summers on, and it helps mitigate the runoff, allowing it to soak into the soil, and not run unhindered towards the house, and deck below.  Again, this will be interesting to revisit, after the owner has had an opportunity to enjoy the home for a season or two.

The Laramie

We could tell that this was a special little home from the beginning.  We’ve adopted it into our “Plan of the Month” series that we offer.  We have renamed it to protect the innocent to the “Laramie”.  We haven’t updated our plans list on the site yet, but if you are interested, here is a link to the plan information. We are currently working on the animation for the building, so check back with us next week, and it should be wrapped up.

–Click on the image to download additional content–

I think Derek did an outstanding job on this little home.  It provides the owners with a little get-away retreat, as well as a working office to write from.  It has a sleeping loft, kitchen, full bath, and an area to stretch out in.  There is not much more you can ask for.

Mark Wagner<>Gravitas

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Animation of an as-yet-unbuilt home is one thing.  We’ve also seen animations created for existing homes/structures, to help enhance a presentation.  By combining real-world stills, with quality animations, a unique experience can be created that goes beyond what you can get with a camera in your hands.

For our potential client, we put together a demonstration video based upon an existing plan we put together for Snowmass, Colorado, and feature as one of our plans of the month, the Escalante.

Cortier’s Luxury Realty sees the value in this approach, and as someone that recently went through the process of buying/building a home, I appreciate seeing more then just the typical flat image in the flyers.  If you have any needs such as this, please do not hesitate to contact Gravitas.  We do a whole lot more then just design homes.  We can help you to visualize the built, and the unbuilt.

1. a speculative home design that is not built, and therefore, is only on paper

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All too often, the owner/contractor/Architect, doesn’t know exactly how something will look, until it is built in the field.  By that time, any modifications become expensive, or impossible.  Not only is the ability to communicate heightened through the use of 3D modeling, but the design is often better.  The computer is a wonderful tool for the designer.  The ease with which you can experiment, spin around the building or attachment, and explore the environment is worlds above what you can do on a flat piece of paper.

Since our founding in 2001, Gravitas has made it a commitment to use as many aspects of 3D computer aided design as possible.  Our clients not only see what they will be moving into, not only can the builder better understand the scope of the work ahead, and the log/timber supplier completely outline their materials that they will be providing, but everyone can point to the same image, and be on the same page throughout the entire process.  When all parts of the machine are working together, and have a common vision, it can only increase the quality of the end product, the enjoyment (if I can use that word) of the process, decrease the timelines and the costs, and result in a successful heirloom home.

The example below shows a timber frame that was supplied by Arrow-Wood Homes.  This residence was located outside of Jackson Hole, Wyoming, and is based upon our “Sages” plan. We’ve previously highlighted this particular home in our Blog. Visualization like this is one of the many services that we offer at Gravitas.

Enjoy,

>Mark

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For willful copyright infringement, the infringer must have access to the original information.  Willful infringement carries much larger penalties.  Crying “fair use” is a defense in case you are being sued.  It is not a get out of jail free card, and if you are invoking it, that means you have already been sued.  Not a good thing.

Currently, applications for a copyright cost $45 for the filing.  Typically, if there are many items to be protected, such as photographs, or in our case, plans, they can be submitted in one application.  These are then called a collection.  The caveat is that they all have to be published on the same day.

Trademarks

A trademark is an indicator of source.  It shows where a product, design, image was created.  The Nike swoosh connotes who made the apparel.  Words, logos, sounds, colors, scents can all be trademarked.  For instance;

• Sounds such as Intel’s 4 tone jingle identifies it as coming from Intel
• UPS’s brown is highly identifiable on the road
• There is scented embroidery thread that ties back to where the product is from

A trademark has to be distinctive.  A person knows something came from somewhere.  If it represents a description of a product, and is not distinctive, it can not be trademarked.  Here is a “continuum of strength” regarding the ability to trademark something, from least enforceable to greatly enforceable:

1. Generic Descriptive – “Orange Juice”
2. Merely Descriptive – “Sweet”
3. Suggestive Trademark – “Circuit City”
4. Arbitrary Use – “Apple”
5. Coined Terms – “Unisys”

Phrases can also be trademarked.  “You’re Fired” indicates the source, in this case, Donald Trump.  If you can directly tie it back to where it came from, there is a possibility to trademark the material.  Your rights come from use of the item in question, not by registering it.  If it isn’t out there, you don’t have a case.  Senior users are presumed by the Trade Mark Office to be the first ones to file it.  They are considered the original user.  When you register a Trademark, the Trademark office then becomes the policeman.  That office will deny registration if there is a previous occurrence of it in their files.  Registration is usually geographic in scope.  You can register it with your local government, or if you go through the Federal office, it covers the entire nation.

When the Trademark office is reviewing a new submittal, they look at likeliness of confusion.  Would a consumer be confused?

1. How similar are the 2 trademarks, sights, sounds, meanings
2. Is there a similarity in goods and services?

Incorporation of a trademark with the secretary of state provides no protection.  It all comes down to how it is used.

This is a Federal Trademark.  It is registered with the Federal Government, and you have senior user rights.

You consider this to be a Trademark.  This is simply stated by the individual, or company.  No other action is necessary.  It’s a viewer beware notification not to use this without proper credit.

This is a quick summation of what we learned at Stephen Nipper’s presentation last month.  This is by no means a legal representation of what Copyright, and Trademark is, or can do for you.  We find it necessary in our industry to have a basic understanding of what our rights are, and what we need to be watchful of.  I encourage you to contact a lawyer in your area if you have any further questions on this matter.

>Mark

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One issue that we constantly run into while designing custom homes, is copyright.  We go to great lengths to respect the hard work individuals, and companies have invested in the creation of their designs.  We often have clients come to us with plans ripped from magazines and they say they want this kitchen, or this exterior.  This is where we have to inform them that we can’t just rip an idea off, or just change it 17%, and we’re okay.  It is our responsibility to educate the client on the law, and create an artistically, and intellectually unique design, that does not rely on some else’s work.

I recently had the pleasure to attend a presentation by Boise based attorney Stephen Nipper presented by the local chapter of AIGA American Institute of Graphic Arts¹.  While the specifics of the presentation had to do with Graphic Design and the like, the underlying law for it, and for architectural design is the same.  I will split this post into two.  Being a lawyer, we covered a lot of ground in the hour long presentation.  In summation, here is what I learned:

When a client hires our company to design their home, what is purchased is basically the paper that the design is printed on, with the lines on the page.  That is, unless the “artistic content” is sold as defined in the contract with that client.  I will run down with you my understanding from Stephen Nipper.  In his preamble, he was quick to point out that this was not legal advice, and your particular circumstance may vary, but by and large, it is good information.

Copyrights are created at the instance it is fixed in a tangible medium.  A mark or registration is not necessary.  If you do register the plan, you need to do it before it is published, or within 90 days after it appears in “print” (publishing electronically is considered the same as the printed page).  If the plan is registered, it enables you to seek higher statutory penalties, if an infringement occurs.  Damages range from $750-$30,000 (and $100,000 if it is a willful infringement).  You can also collect the attorneys fees associated with protecting the copyright.  If the plan is not registered, then you have to show what the loss/gain is.  This can be much more difficult to prove.  A registration creates a public record, and puts everyone on notice that you consider this to be proprietary information.  A registration also must occur before a suit is filed.

The designer of a plan is by default the owner of it (except if the designer is an employee, then the company owns the copyright), unless it is changed by the contract, or is a “work for hire” situation.

Copyright is referred to as a “bundle of sticks” situation, where each of the following rights exist independently, and need to be addressed separately.  Copyright includes:

1. Derivative rights: manipulating the design in such a way as to create something new.
2. Distribution rights: rights to print, sell, or otherwise distribute the plan
3. Performance rights: right to perform the copyrighted material in public (on hold music)
4. Display rights: right to display the copyrighted material in public (in a lobby, for instance)
5. Right to Reproduce: duplication of the plan either singularly, or in multiple copies

Ignorance of the fact there is a copyright in place is not insulation from lawsuit for infringement.  The largest thing to change though, is the magnitude of the penalties.  If it can be proven that there is ignorance to the existence of the the previous plan, then of course willful infringement is not on the table.  Also, there is a maximum of $200.00 per infringement, versus the $750-$30,000 penalty.  Also, just because you don’t make a profit on stealing someone else’s design, does not mean you can’t be sued for the damages that the copyright holder experiences.

The idea that if a plan is changed X%, it no longer is copyrighten by the original designer, is a myth.  We often hear that if you change some designers plan by 17%, it’s okay to use.  I don’t know where that number came up, but I’ve heard it more than once.  The definition that is used by the court is if the two designs are “Strikingly Similar.”  That injects a degree of subjectiveness to the interpretation.  So care must be taken, if you use a plan as inspiration, that it is not only noticeably different, but that it is not strikingly similar.

Typically, a copyright lasts for the length of the authors life, plus 70 years.  I am not sure how this works in regards to a company, or 25 years from publication, or 125 years from creation.

I’ll finish up what I learned on the next post.  All in all, an educational experience.

>Mark

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Top Ten Biggest Mistakes Made in Log Building

1. Designing too much home for the budget — When custom building, it is very easy for things to spin out of control for the owner before he/she even has a clue that it is happening. “Live now and pay later” and “Well, I didn’t know”, doesn’t exempt you from the choices made. Overspending or insisting on having it all does not support your dream when you are suffocated by the stress of repaying the debt. Be prepared and informed of your project’s cost. Building a home is a big investment and it takes time to learn and absorb all the information.
2. Not enough thought and planning before building starts — Any of you that have actually been through the process of building know that planning takes a lot of self evaluation, research and a focus. Detailed thought and planning about each phase of construction, including good construction plans, are critical to a successful project and the realization of your dream home.
3. Installing the log shell or other natural framing members too close to the ground even when there is no snowfall — You must also consider the splash-back area created by the rain’s run-off from the roofline as it hits the ground and splashes back onto the house’s siding materials or log work. An exception can be made for a covered porch which has no walls, and therefore can be ground level. Just remember to have proper porch post installations.
4. Building too short of a roof overhang — Oversized roof systems are more than ornamentation; they are a very important design feature of quality home construction. If your contractor does not have this information clearly marked on the construction plans or tries to build shorter roof overhangs to save cost, you will pay many times over in the long run. Log homes can withstand getting wet and actually thrive with humidity, but constant and repeated water saturation shortens the life of any home.
5. The use of cheap quality materials – Low grade materials can stand out like a sore thumb in a quality log home, and devalues the appearance of the home overall.
6. Choosing an inexperienced general contractor or log builder – Look for a contractor that appreciates or understands log homes with a solid background and experienced in general construction as well as loves his job.
7. Purchasing the log shell or overall home’s bid solely based on price — Take time to understand the different quality and styles of log joinery. The least expensive bid is not always the best choice, whether in log work or general construction. It is often hard to know how to evaluate an overall bid, but with a good contractor, experience becomes very important. Many homeowners base their decisions solely on the bid amount and not on the content and supporting documents of the bid. I also often see homeowners who turn down well prepared, professional contracts because they are very long (and intimidating), often not understanding much of the content or do not agree with just a small part of the contract, opting for the inexperienced contractor with the one or two page contract that seems less threatening. In reality the short, loose ended contracts leaves the homeowner with an open translation of materials, content, construction methods, and builder vs. homeowners’ responsibilities. Also note that a one-sided contract or a contract you do not fully understand is also a hazard. Be sure to go over the contract with the builder in detail as well as having your attorney review the contract proposal before signing.
8. Not allowing enough room for shrinkage in the wall systems — Never underestimate the power of shrinkage! Shrinkage and settlement is a natural process that occurs with time and is created as the content of the moisture in the logs drop. The design detail of shrinkage is not hard or complicated for an experienced carpenter to understand with proper detailed drawings. It only becomes difficult when ignored!
9. Taking on a building project beyond your experience in construction — Without a good understanding of or experience in construction, the project can end in disaster and often cost much more than hiring out to a professional builder. Construction is much more complicated than it may appear. I understand the urge to build without practical experience, and with great embarrassment I can tell you that with our first log home built for ourselves over twenty years ago, we made every “green-horn” mistake that could be made. Even though I was dedicated to watching each and every Bob Vila’s program and read every book I could get my hands on about construction, it simply does not compare to hands-on, practical experience learned over time. I am not saying that you cannot take on a portion of the project, but unless you have a lot of time on hand in combination with experience, your home could end up like a circus in a blender.
10. Drinking too much coffee and overworking on job sites. Stuff happens.

Some valuable advice from Robbin Obomsawin of Beaver Creek Log Homes.

Thanks for reading.

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A lot of people don’t know this but videos of some of the speakers at both expos are archived, a great way to catch up on some inspiring people.

Greenbuild speakers 

West Coast Green Speakers

Check them out, try to attend, you are sure to learn a lot.

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Everyone seems to love lists!  Here are my top 8 bits of advice:

1. Fully understand the differences between a handcrafted log home and a milled log home. Both are still log homes and one is not better than the other. They’re just different.
2. Don’t get caught up in the “hype” (marketing or otherwise). Many of the great systems and solutions and terms in the milled log home market don’t apply to a handcrafted home.  Either we don’t have the same issues or the “solution” is very different for a handcrafted home.
3. Compare apples to apples! If you really want a quote, get an official one with full specifications!  Don’t go by “guesstimates.”  Get the company to give more than a “We’re confident we can give you walls and a roof for under $xxx…”  You wouldn’t believe how many times we’ve have seen clients hang their hat on something that is mere marketing fluff – not a specific, detailed quote.
4. Realize that the company with the least expensive log home shell may not mean you end up with a less expensive finished home! Ask questions about and understand the level of finish (or “completeness”) you will be receiving when the home is shipped.  Many log home manufacturers differ drastically in what labor they complete in their yard before shipping or what they expect a homeowner to do once the home has been reassembled. We’ve seen our quotes turned down because we were $1000 more expensive than Brand X’s log shell.  But we knew the client was going to have to pay for a lot more work to his home once he got Brand X’s shell delivered, much more than that original $1000.  It just went to a contractor instead of the log home manufacturer.
5. Start a relationship, with whatever log home company you choose, with a view toward the long term. Having that open relationship and talking about the issues addressed here will save you money and hassle in the long run and you will feel better and more confident about the whole process.  You will know someone’s got your back.  Who knows, you might make a great friend in the process.  We often do. If you don’t make that connection right away, ask if someone else can help you.  You might even decide it’s not the company you want to end up working with.
6. Work on the plan design, work on the plan design, work on the plan design… We cannot underscore enough how important this is!  Once construction is started on a log home – especially a handcrafted one, it is very difficult to change that window, or to move that dining room wall “a little”.  There are other important considerations too, such as maximizing the design for protection of the logs from rain and sun and other hash elements of nature.  Take your time on the front end.
7. Set a realistic budget – understand that handcrafted homes are usually more expensive than a milled log home of similar size and design.  However, if you love that handcrafted look, dream of artisans lovingly sculpting you your dream home – maybe it’s just what you were looking for.  Again, see the comments above about levels of completeness, and getting detailed quotes.  Ask your representative what ways they suggest to control the costs over the course of the whole project.
8. Have fun! Remember, it’s your dream.  You get to control it, direct it.  Enjoy the process!  Learn everything you can.  The prize at the bottom is worth it!

Thanks for sharing Rick, and Tom for your time on the original interview. Images below used with permission from Caribou Creek

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