Anaya Nolan
Architectural drawings, diagrams, and models are protected by copyright law. In the US, this protection was granted by the Architectural Works Copyright Protection Act (AWCPA) in 1990, which amended the Copyright Act to specifically include architectural works among the list of protected works. This was a significant shift from the previous 200 years of US copyright law, which did not protect architectural constructs other than non-functional monuments.
The AWCPA provides two levels of protection for architects: one for the design of a building as embodied in buildings, architectural plans, or drawings, and another for diagrams, models, and technical drawings themselves. This means that both the building and the various drawings, sketches, and models produced as part of the project are protected by copyright.
Copyright law in architecture is important as it allows architects to protect their designs and control how their work is used and distributed. It also enables them to take legal action against copyright infringement, which can result in enhanced damages, attorney's fees, and court costs.
To maintain ownership of their work, architects should ensure they have proof of creation, such as digital records, and include copyright notices on their work. Additionally, registering their copyright can provide further benefits, such as the ability to bring an infringement suit and collect statutory damages.
| Characteristics | Values |
|---|---|
| What is protected by copyright law? | Architectural works, including buildings and other fixed structures, are protected by copyright law. This includes the various drawings, sketches, designs, and models produced as part of the project. |
| Who owns the copyright? | The author or creator of the work is typically the owner of the copyright. However, if the work is created by an employee as part of their job, the employer owns the copyright instead. The rules on ownership can also be changed by agreement, such as between an architect and a client. |
| Is registration or notice required for copyright protection? | Registration and notice are not required for copyright protection in architectural works. Copyright protection arises automatically from the moment of creation. However, registration is beneficial for enforcement and to collect statutory damages and attorney's fees in case of infringement. |
| How long does copyright last? | Copyright protection typically lasts for the life of the author plus a specified number of years (70 years in the US) and (50 years in Canada). |
| What rights does a copyright owner have? | Copyright owners have moral rights and economic rights. Economic rights include the right to reproduce, distribute, display, and prepare derivative works based on the copyrighted work. |
| Are there any limitations or exceptions to copyright protection? | Yes, there are some limitations and exceptions. For example, copyright protection does not extend to standard features such as common windows, doors, and other staple building components. Additionally, copyright law may not prevent the construction of a building based on protected designs or the creation of pictorial representations of a building in certain circumstances. |
| How can architects protect their copyrights? | Architects can take several steps to protect their copyrights, including maintaining digital records, using copyright notices, registering their copyrights, and including copyright provisions in contracts. |
What You'll Learn
Copyright protection
Understanding Copyright Protection
Proving Authorship and Record-Keeping
The first step in protecting your copyright is proving that you created the materials. It is crucial to maintain a fixed record of your creations digitally or electronically, such as through emails, CAD drawings, or photographs. Include your name/signature, the date, and a copyright notice (© [Name] [Year]. All Rights Reserved.) in all records. Additionally, sending records to your email or saving them on cloud storage provides dated evidence of your creations.
Copyright Notice and Its Impact
While not mandatory, applying a copyright notice to your work allows you to assert your copyright ownership and put the public on notice. The notice typically includes the word "copyright," the copyright symbol (©), the year of creation, and the name of the copyright holder. Although the presence or absence of this notice does not affect copyright protection, it can impact any potential infringement claims.
Exceptions to Copyright Ownership
It is essential to understand that there are exceptions to copyright vesting automatically with the creator. If you are an employee creating architectural works as part of your job, your employer typically owns the copyright instead of you. Additionally, the default ownership position can be modified by a contract or agreement between the creator and a third party, such as a client.
Understanding Copyright Protection Limitations
Commercialising and Enforcing Your Copyright
You can commercialise your copyright by assigning or licensing your rights. Assigning involves transferring full ownership to someone else for monetary compensation, while licensing allows you to retain ownership while authorising others to use your work under certain conditions. To enforce your copyright, you can issue 'take down' notices on online platforms or send a formal cease and desist letter to the infringer, demanding that they stop using your work without authorisation.
In summary, copyright protection is a vital tool for architects to safeguard their creations. By understanding and effectively utilising this protection, architects can prevent their work from being copied or used without their consent and ensure they receive appropriate recognition and compensation for their creative endeavours.
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Ownership
The ownership of copyright in architectural designs generally vests in the author or creator of the work. In the United States, this is specified under 17 U.S.C. § 201(a). While the Copyright Act does not define "author", a person who creates a work is typically considered an author and thus owns their designs.
There are, however, some exceptions to this rule. Joint authors of a work are considered co-owners of the copyright and cannot be held liable for copyright infringement by the other author. A work is considered joint if it is prepared by two or more authors with the intention that their contributions merge into inseparable or interdependent parts of a unitary whole. For example, in a court case involving two architects in the same design firm, the court found that they were joint authors because neither was exclusively responsible for any of the designs, and details were used from one design to another.
Another exception is the "work-made-for-hire" doctrine, which applies when an employee prepares a design within the scope of their employment. In this case, the employer is considered the author and copyright owner. An architect's work is rarely considered a work-made-for-hire as they rarely receive employee benefits from the person who hired them.
It is important to note that copyright protection for architectural works arises automatically from the moment of creation and does not require registration, filing, or any other formality. However, registration is beneficial as it is necessary for bringing an infringement suit to court and allows for the collection of statutory damages and attorney's fees upon a finding of infringement.
To protect their copyright, architects should create and maintain a digital/electronic record of their work, including emails, CAD drawings, and photographs. This record should incorporate their name/signature, the date, and a copyright notice. While the presence or absence of a copyright notice does not impact protection, it does assert ownership and put the public on notice that the work is protected.
In summary, the ownership of copyright in architectural designs typically vests in the author or creator, with some exceptions for joint authorship and work-made-for-hire. Architects can take steps to protect their copyright by maintaining digital records and including copyright notices, but registration is also beneficial for enforcement purposes.
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Reproduction
The reproduction of architectural drawings and diagrams is a complex issue that involves navigating copyright laws and understanding the rights of the architect or designer. Here is a detailed overview of the key points regarding reproduction:
Copyright Protection for Architectural Drawings
Architectural drawings, including diagrams, plans, and blueprints, are generally eligible for copyright protection. This protection extends to both the physical drawings themselves and the creative content they contain. Copyright law grants the creator of these works exclusive rights, including the right to reproduce, distribute, and publicly display their work. It's important to note that copyright protection arises automatically from the moment of creation and typically vests with the author or creator.
Requirements for Copyright Protection
To be eligible for copyright protection, architectural drawings must meet certain criteria. Firstly, they must be the author's original work, demonstrating a minimal amount of creativity. Secondly, they must be fixed in a tangible object, such as paper or a digital medium. It's important to distinguish that while the drawings themselves can be copyrighted, the ideas or concepts behind them are not protected.
The owner of the copyright to an architectural drawing has the exclusive right to reproduce and distribute copies of their work. However, there are limitations to these rights. For example, if the drawing was created as part of an employee's regular job, their employer typically owns the copyright, and the employee may not have the right to reproduce or distribute it without permission.
Additionally, in the United States, the Architectural Works Copyright Protection Act (AWCPA) of 1990 specifically includes "architectural works" among the list of protected works. This means that the reproduction of architectural drawings depicting permanent buildings constructed after December 1, 1990, and habitable by humans, may fall under this protection.
Registration and Notice
While registration and notice are not required for copyright protection, they offer several benefits. Registration creates a record of copyright ownership and is necessary before taking legal action for infringement. Notice, which includes the copyright symbol, year of first publication, and owner's name, can help prevent infringement by making people aware of the copyright status.
Infringement and Legal Consequences
Reproducing or distributing architectural drawings without the copyright owner's permission can result in legal consequences. Copyright infringement may lead to injunctions, impoundment of infringing works, and liability for actual damages, profits, and even criminal penalties if the infringement was willful.
Recommendations for Architects and Designers
Architects and designers should be proactive in protecting their copyrights. Timely registration of copyrights can provide enhanced remedies against potential infringers. Additionally, they should ensure that their insurance coverage includes architectural copyright infringement, as it may not be included in standard commercial general liability insurance policies.
In conclusion, the reproduction of architectural drawings and diagrams is a complex issue that requires a good understanding of copyright laws and the specific circumstances surrounding the creation and usage of the drawings. It is always advisable to seek legal guidance when dealing with copyright-related matters.
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Infringement
In the context of architectural drawings and diagrams, infringement may occur when someone reproduces or distributes the work online without the architect's permission. In such cases, the architect may issue a 'take down' notice via the online platform on which the work has been posted. If this does not resolve the issue, the next step is usually to send a formal cease and desist letter to the infringer, setting out the details of the infringement claim and demanding that the infringement stops and/or appropriate compensation is paid.
If the infringement does not take place online, for example, if a building is constructed using the architectural drawings without authorisation, the first step is typically to send a cease and desist letter. In many cases, this letter will be sufficient to bring the matter to a close. However, if the infringement continues, further legal action may be necessary.
It is important to note that copyright law only protects a creative work if the whole or a substantial part of it is taken or used without authorisation. Minor or insubstantial use of copyrighted material may not constitute infringement, depending on the specific circumstances. Additionally, there are 'fair dealing' and 'fair use' defences or exceptions to copyright protection that allow for limited use of copyrighted material without permission for purposes such as criticism, review, or parody.
Determining whether infringement has occurred can be complex, and it may be necessary to seek advice from a copyright or intellectual property law expert. The test for copyright infringement can vary by jurisdiction, but it usually involves two steps. First, it must be established that there has been copying in fact, which includes analysing the defendant's access to the copyrighted work and the similarity between the two works. Second, the court will determine whether the works are substantially similar by comparing the copyrightable elements of the original and allegedly infringing works.
In the context of architectural designs, infringement may occur when someone creates a building or structure that is substantially similar to the copyrighted design. However, it is important to note that copyright law does not protect individual standard features or functional elements of a building, such as doors and windows, that are driven by function or required by building codes.
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Registration
Although it is not necessary to register architectural drawings and diagrams for them to be protected by copyright, there are several advantages to doing so.
Record of Copyright Ownership
Registering your copyright creates an official record of your ownership. This can be useful if you ever need to prove that you are the copyright owner, especially in the case of infringement.
Ability to Sue
In the United States, you must register your copyright before you can take legal action against someone for copyright infringement. Registering your copyright will also allow you to recover statutory damages and attorney's fees if you do sue for infringement.
Timing of Registration
The timing of registration is important to receive these benefits. If you register your copyright within three months of publication or before an infringement occurs, you will be able to recover statutory damages and attorney's fees if you sue for copyright infringement.
To register a copyright in the US, you must submit the following to the US Copyright Office:
- A completed application form (online or paper)
- A filing fee ($35 for online applications, $65 for paper applications)
- A copy or copies of your work (the number and type of copies required vary)
It is important to note that the copies you submit will not be returned to you.
Copyright Notices
While not required, including a copyright notice on your architectural drawings and diagrams can help assert your copyright ownership and put the public on notice that your work is protected by copyright. This can be done by including a symbol, such as the copyright symbol, along with your name and the date. For example: "© Copyright Joe Architect 2022. All Rights Reserved."
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Frequently asked questions
Architecture was not always covered by copyright law. In 1790, when the first copyright law was passed in the US, copyright was only granted for "books, maps, and charts". In 1909, Congress broadened the scope of copyright protection to include "writings of an author", and "drawings or plastic works of a scientific or technical nature", which courts interpreted to include architectural blueprints. In 1976, Congress expressed its intent to include "an architect's plans and drawings", which were included under the protection of "pictorial, graphic, and sculptural works". However, this protection was qualified, and most courts held that it did not protect an architect's right to build structures depicted in the drawings. It was not until 1990 that the Architectural Works Copyright Protection Act (AWCPA) was passed, specifically including "architectural works" among the list of protected works.
The AWCPA is a US law passed on December 1, 1990, that gave architects broad protection for their works for the first time. This legislation was a significant departure from the previous 200 years of US copyright law. The AWCPA provides copyright protection to original designs of architecture in virtually any form, including architectural plans, drawings, and buildings themselves.
The AWCPA has some important exceptions and limitations. Firstly, it does not cover works constructed or based on plans published before December 1, 1990. Secondly, only the plans themselves are eligible for copyright protection; the buildings can still be copied. Thirdly, copyright holders cannot prevent the "making, distributing, or public display" of pictorial representations of the work if the building is located in or is visible from a public place. This is important as it allows photographers, filmmakers, artists, and tourists to depict copyrighted buildings without infringing. Another limitation gives the owner of a building the right to alter, authorise alteration, destroy, or authorise the destruction of such a building.
