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Are architects drawings copyrighted?
In 1990, Congress passed the Architectural Works Copyright Protection Act which explicitly provides copyright protection to original designs of architecture in virtually any form, including architectural plans, drawings and buildings themselves.
Who owns the rights to architectural plans?
architect
Under copyright law, the architect who prepares architectural plans and drawings is considered the author and owner of the copyright in those plans or drawings, unless there is an agreement to the contrary.
Are blueprints protected by copyright?
Blueprints and technical drawings are entitled to copyright protection as pictorial, graphic or sculptural works. You cannot copyright a design idea or concept. Blueprints and technical drawings do not have to be “artistic” as long as they show the required amount of creativity.
Is copying architecture illegal?
Federal law protects the design of a house, not just architectural plans. If you create blueprints copying the design of an existing building built after 1990, you are liable for copyright infringement.
Why are copyright laws important to architectural drawings?
Copyright in architecture is an important, but little understood subject in the architectural discipline. Copyright is a legal concept that gives the creator of a work the exclusive right to use that work for a limited time. These rights can be an important mechanism through which architects can protect their designs.
Does an architect own the plans?
The architect owns the plans. With a tract-built house, the architect designs the house for a specific builder, and each time the builder uses the design he must have the architect’s permission. A large home-building firm may have its own in-house architect; in this case it would own the plans.
Can architecture be patented?
Indian law provides protection to the architectural works under the uniform copyright law. Section 13 of the Indian Copyright Act, 1957 numerates the types of artistic works that are eligible for copyright protection. In India architects can register their original works under the Copyright registration system.
Can you patent a blueprint?
One important step in protecting your idea for a new invention is to apply for a provisional patent. However, in many cases, before you can apply to the United States Patent & Trademark Office (USPTO) you must attach a drawing or blueprint of your idea. This blueprint creates visual documentation of your invention.
Who owns the copyright in the drawings of an architect?
The new owner is not the ‘owner of the copyright in the drawings’, as was claimed in our correspondent’s case – under an RIBA contract, reflecting the position without any contract, the architect retains copyright in the drawings but licenses it to the client.
Do you have the right to copy architectural plans?
Therefore, whenever an owner, construction manager or other party provides you with architectural plans, you should ensure that you have the right to construct copy and/or modify those plans before using them. 8. IF YOU ACCEPT PLANS FROM OTHERS, INSIST ON INDEMNIFICATION FOR ANY COPYRIGHT INFRINGEMENT ARISING FROM THOSE PLANS.
Does making minor changes to architectural plans avoid copyright infringement?
MAKING MINOR CHANGES TO PLANS DOES NOT NECESSARILY AVOID COPYRIGHT INFRINGEMENT. Courts usually apply one of two tests to determine whether an architectural work infringes a copyright owner’s original work.
Can a builder be liable for copyright infringement?
This means that a builder may be liable for copyright infringement if the building itself infringes another’s plans or building regardless of whether the plans themselves were copied. Therefore, builders, architects and owners should not attempt to mimic other architectural works in any form.