Copyright and Architectural Drawing
Generally, any original (own creativity) work made by a person is eligible for copyright protection. Copyright comes into existence as soon as a work is created.
How to Protect a Architectural Drawing
The protection of architectural works through Copyright against infringement and imitation is provided in the copyright act 1957. Architectural works were not afforded legal protection or any form of copyright protection till the “Berne Convention” of 1908 was revised, after which it was included in the ambit of “literary and artistic” works protected at international level.
The copyright law includes works of architecture under the head of artistic work and clearly states that copyright subsists in the artistic character and design and does not extend to processes and methods of construction.
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.
According to Copyright act 1957-
Section 2(b) “work of architecture” means any building or structure having an artistic character or design, or any model for such building or structure;
Section 2(c) “artistic work” means—
(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an
engraving or a photograph, whether or not any such work possesses artistic quality;
(ii) a work of architecture; and
engraving or a photograph, whether or not any such work possesses artistic quality;
(ii) a work of architecture; and
(iii) any other work of artistic craftsmanship.
Section 52 of the Copyright Act deals with fair use and the clauses relevant to architectural work state that the following would not amount to infringement,
· the making or publishing of an artistic work, if such work is permanently situate in a public place or any premises to which the public has access
· the making or publishing works of architecture or the display of works of architecture
· the inclusion of an artistic work in permanently situate in a public place or any premises to which the public has access in a cinematographic film
· any other inclusion of artistic work in a cinematographic film, if it is the background or incidental to the principal parts in the film
1. should not mimic others architectural work in any form, as this may be liable for Copyright infringement.
2. Making minor changes to a copyright owner’s original work may infringe a copyright owner’s rights
3. Unintentional copy of a protected work may also be liable for copyright infringement
4. For works published after March 1, 1989, a copyright notice is not required to assert a copyright infringement lawsuit. Therefore, builders, architects and owners should assume that all architectural works are protected under copyright law regardless of whether the author includes a copyright notice.
5. a builder might be liable to a copyright owner up to $150,000.00 for each structure that infringes the copyright owner's rights. In addition to statutory damages, the court may require the infringer to pay court costs and the copyright owner's attorneys' fees.
6. Architects and designers should register their work under copyright to protect their work against potential infringers
7. whenever an owner, construction manager or other party provides you with architectural plans, make sure that you have the right to construct copy and/or modify those plans before using them
8. ask for indemnification from the party providing plans to you to avoid copyright infringement
9. an owner or contractor should obtain written permission from the original architect or designer as the original architect or designer remains the owner of any copyrights in the architectural design
consult with your insurance agent to ensure that your policy covers architectural copyright infringement.
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