The subject of copyright in architecture has gained a great deal of attention in recent years. This is because architects must understand the scope of their rights and how to protect their work. A number of national and international laws exist to protect architectural works, although European laws don't favour building owners. To learn more about copyright in architecture, it's best to consult with an experienced legal counsel.
Copyright is a form of legal protection that allows the author to enjoy the exclusive right to use the work for a limited time. However, copyright doesn't automatically apply to ideas, photographs, or models of buildings. In most cases, the architect who created the design is the owner of the copyright. When a new copyright is registered, the architect can prevent others from using the architectural design. Those who wish to take advantage of this opportunity must contact the architect who designed the architecture.
In order to establish a valid copyright in architecture, the architect must first determine who owns the copyright. Normally, the architect is the independent contractor, but if the architect is employed by an employer, the employer's copyright will automatically reside with the employer. Usually, architects add the phrase "copyright protected" to their drawings.
The term architectural works includes the design of a building, its components, and the arrangement of spaces. In addition, architectural work includes drawings, models, charts, maps, and diagrams. There are also other types of architectural derivative works, including paintings, photography, and photographs of construction.
Although architecture and buildings are typically considered private property, the owner of the physical property may have permission to make changes to the structure for health and safety purposes. In some situations, the owner can also license the building for resale or rental. It is important to note that while the owner of the physical property may be able to do this, he or she is not generally authorized to copy the work, reproduce it, or sell it.
Architectural plans are subject to the same copyright rules as other drawings. The architect must obtain permission before distributing a copy. If the architect chooses not to register the work, he or she has the option of denying a copyright infringement claim. Also, the architect can restrict the use of the architectural drawing to only those who have the consent of the architect.
The term architectural work is defined under the Architectural Works Copyright Protection Act (AWCPA). Architects must obtain copyright registration before releasing their drawings to the public. Once a copyright is registered, it will subsist for the remainder of the calendar year that the author dies. After the year of death, the work falls into the public domain.
Although architects often rely on copyright to protect their designs, they should be careful to ensure that they are not infringing other parties' rights. It is possible to be sued for copyright infringement, and the costs involved in these proceedings could be substantial.