Architect Copyright Law
Architectural copyrights offer design protections, but they have been available only since 1990 and carry specific restrictions. Architects and architecture firms should familiarize themselves with the extent of available architectural copyright protections in order to fully benefit from the fruits of their intellectual labor.
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Copyright Basics
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The U.S. Copyright Act protects "original works of authorship fixed in any tangible medium of expression," including "architectural works." Architectural drawings, plans and designs receive automatic protection upon their creation. To receive the full benefit of the law, including the ability to file infringement claims, architects should register their designs with the U.S. Copyright Office.
Eligibility
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Architects can get copyrights in works created only within a certain time frame. U.S. copyright law recognizes designs "created on or after December 1, 1990," or designs "created in unpublished plans or drawings but not constructed as of December 1, 1990, but were constructed before January 1, 2003." Older designs remain ineligible for protection.
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Pictures of Buildings
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The U.S. Copyright Act specifically permits others to create photos, drawings and videos of existing structures "if the building in which the work is embodied is located in or ordinarily visible from a public place." An architect's copyright in a building's design doesn't prevent others from photographing or creating other visual representations of the finished building.
Demolition
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Architects with design copyrights can't prevent building owners from altering or tearing down existing buildings. The U.S. Copyright Act explicitly grants a building's property owner permission to "make or authorize the making of alterations to such building, and destroy or authorize the destruction of such building."
Available Protections
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The U.S. Copyright Office offers architectural design protection to the "overall form as well as the arrangement and composition of spaces and elements in the design but does not include individual standard features or design elements that are functionally required." For example, a building's unique shape and decorative elements can't be copied by competing architects, but no protection exists for the placement of industrial air vents or other functional designs.
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References
Resources
- Photo Credit architecture image by Sandra Lambert from Fotolia.com
