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United States:

Copyright Protection Of Architectural Works

In order to avoid potential copyright infringement claims,
individuals in the design and construction fields need to be aware
of the protections afforded under U.S. copyright law not only to
designs, but to constructed architectural works.

• Prior to 1990, U.S. law only provided copyright protection to
  architectural designs – not to constructed architectural works.
  That changed in 1990, when the U.S. Congress enacted the
  Architectural Works Copyright Protection Act, which, among other
  things, extended copyright protection to constructed architectural
  works.




• An “architectural work” subject to copyright
  protection is defined as “the design of a building as
  embodied in any tangible medium of expression, including a
  building, architectural plans or drawings. The work includes the
  overall form as well as the arrangement and composition of spaces
  and elements in the design, but does not include individual
  standard features.”




• Certain “standard features” of an architectural
  work are not  protected under copyright law,
  including functional requirements based on building codes, zoning
  requirements, functional demands and available technology. The
  standard features also include scènes à
  faire (a common term in copyright with other types or
  works), which are elements that are common, if not indispensable,
  in a genre. Examples of scènes à
  faire in house plans would be the arrangement of the
  rooms: for example, the kitchen is always close to the dining room,
  and the bedrooms will usually be clumped together and near a
  bathroom.




• When an owner or contractor contracts with an architect or
  designer to design a project, in the absence of an assignment of
  the copyright, the architect remains the owner of the copyright,
  and the owner or contractor merely obtains a non-exclusive license
  to use the plans for that specific project. That means, in the
  absence of an assignment, the architect will retain the ability to
  use the designs and plans on other projects for other clients,
  while the owner or contractor will not be able to use those designs
  and plans on any other projects.




• The copyright protection of architectural works is also limited
  in two other significant respects. First, the owner of
  a copyright in a building that is visible from a public
  space cannot prevent others from making, distributing or displaying
  photographs of the building. Second, the owner of
  a copyrighted building is free to make alterations to the
  building or to destroy the building without the consent of
  the copyright owner.




• Copyright protection attaches from the moment an architectural
  work is created. It is generally not necessary for an architectural
  work to be marked to indicate that it is subject to copyright
  protection, nor does the owner need to have a copyright
  registration, for the owner of the copyright to claim copyright
  protection. Additionally, lack of knowledge that an architectural
  work is subject to a claim of copyright protection is not a defense
  to infringement.

A copyright registration is required to file suit for copyright
infringement, but can be obtained after the infringement first
takes place (although the owner may benefit from timely
registration of a copyright in an architectural work). Design
professionals should take care to consider these issues, both to
protect their own work and to avoid copyright infringement
claims.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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