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Kipp Flores Architects LLC v AMH Creekside Development LLC

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Case Information
Case name Kipp Flores Architects, LLC v. AMH Creekside Development, LLC[1]
Court U.S. District Court for the Western District of Texas; U.S. Court of Appeals for the Fifth Circuit[1]
Docket 5:21-cv-01158-XR (district court); 23-50750 (appeal)[1]
Filed November 19, 2021 (district-court action).[2]
Judge(s) Xavier Rodriguez (district court); Catharina Haynes, Don R. Willett and Andrew S. Oldham (appellate panel)[1]
Plaintiffs Kipp Flores Architects, LLC[1]
Defendants AMH Creekside Development, LLC; American Homes 4 Rent; American Housing Ventures, LLC[1]
Case type Civil copyright and DMCA action involving architectural works[1]
Claims / issues Copyright infringement; removal or alteration of copyright-management information under 17 U.S.C. § 1202(b)[1]
Status August 21, 2026: the Fifth Circuit affirmed dismissal of the DMCA claims, vacated dismissal of the copyright claims and remanded.[1]

Kipp Flores Architects, LLC v. AMH Creekside Development, LLC is an architectural-copyright case addressing copyright-management information under the Digital Millennium Copyright Act. It is not an AI-training case, but its interpretation of section 1202(b) has been compared with the Ninth Circuit’s analysis in Doe v. GitHub, Inc..[1]

Fifth Circuit decision

The Fifth Circuit held that section 1202(b)’s prohibition on removing or altering copyright-management information requires removal or alteration from an existing copy. It affirmed dismissal of the DMCA claims because the challenged marketing images were newly created copies that had never contained Kipp Flores’s information. The panel vacated dismissal of separate copyright-infringement claims and remanded them for further proceedings.[1]

References

  1. ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 U.S. Court of Appeals for the Fifth Circuit, No. 23-50750, opinion filed August 21, 2026, pp. 1–3, 25–40
  2. ↑ Justia docket mirror, reviewed September 22, 2026
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