A common industry misconception is that a building design must be Frank Lloyd Wright-innovative to be copyrightable. Under the law, the level of detail and creativity required to be worthy of copyright protection is a relatively low bar; the standard benchmark is a mere dash of originality. That said, the sheer copyrightability of a building’s… [Read More…] about What is and isn’t copyrightable?
Marking an important change in U.S. intellectual property law and the construction industry, on December 1, 1990, President George H. W. Bush signed into law the Architectural Works Copyright Protection Act (“AWCPA”), extending federal copyright protection to architectural works. Specifically, the AWCPA protects the nonfunctional, artistic features of original architectural designs represented in virtually any… [Read More…] about Building by Design: Copyrighted Architectural Works and the Implications on the Construction Industry
On August 6, 2018 the Louisiana First Circuit Court of Appeal held that a materialman who failed to provide notice per La. R.S. 38:2242(F) could still pursue a claim against the general contractor and the surety on the payment bond on a public works project pursuant to La. R.S. 38:2247. In doing so, the First Circuit has arguably recognized that the 75-day notice set forth in La. R.S. 38:2242(F) is no longer required in order for a materialman to assert a claim against a public works payment bond under the Louisiana Public Works Act. [Read More…]
Who owns the copyright in architectural plans? Well, it depends. The answer to this question will require an analysis of U.S. Copyright Law and the facts surrounding the creation of those documents.[Read More…]