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?
Copyright and Trademark
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
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…]