To obtain the maximum protection under copyright law, always put a notice of copyright on each of your drawings, sketches, illustrations, specifications, and all other documents. In order to minimize accusations of infringement, there are certain things you should know about the scope of what is protected and how to protect yourself. There are two major elements that impact copyright claims: To prove copyright infringement, a plaintiff must show: (1) ownership of a valid copyright; and (2) copying by the defendant of the protected elements of the copyrighted work. [39] Thus, an architect will almost always own his own designs. . protection [of architectural works] does not extend to standard features, such as common windows, doors, and other stable building components. For example, if a party uses a copyrighted work that did not have the copyright notice on it, the infringing party can reduce its damages to the copyright holder by claiming that its use of the copyrighted work was an “innocent infringement” (e.g., the infringing party didn’t know it was a copyrighted work). Without the copyright notice, however, you don’t get the full benefit and protection under copyright law. Alternatively, if the owner objects, suggest instead that you will grant the owner a license to use your documents for the project. [62] Likewise, the court in Bonner v. Dawson held two buildings to be substantially similar, noting that "[a]lthough there are certain differences between the two buildings such as the building's size, interior layout, exterior stripe color, and some window variations, the overall architectural concept and designs of each of the two buildings is overwhelmingly similar. First, when a building is ordinarily visible from a public place, its protection as an "architectural work" does not include the right to prevent the making, distributing, or public display of pictures, photographs, or other pictorial representations of the work. Copying may be established by showing that the defendant had access to the plaintiff’s work and that the two works are “substantially similar.” To determine substantial similarity, the court engages in a two-part inquiry: the allegedly infringing work must be both objectively similar (the “extrinsic test”) and subjectively similar (the “intrinsic test”) to the copyrighted work. [38] Rather, Congress suggested that a two-step analysis should be undertaken to determine the copyrightability of an architectural work. On the other hand, in Shine v. Childs, the architect who designed One World Trade Center was found not to have copied an architecture student's preliminary design because although the architect had access to the work, the idea of a twisting tower with rectangular bases and parallels sides was "by no means unique" such that there was no evidence that the architect could only have thought of the design by viewing the architecture student's work. . In applying the extrinsic test, only those elements of a work that are protectable can be compared. Because only the protected elements of an architectural plan can be compared when deciding whether substantial similarity and therefore copyright infringement has occurred, dissection of individual elements of the work is needed to determine the scope of copyright protection before the work can then be considered as a whole. As a result, "the aesthetically pleasing overall shape of an architectural work (can) be protected".[38]. . Copyright of building design - Designing Buildings Wiki - Share your construction industry knowledge. Traditionally, architectural work has not been considered a derivative work in American location shooting, but as the effects of architectural copyright settle in, more architectural copyright holders are starting to demand it,[65] and this practice may open up a wide field of litigation, especially in California.

While there is no surefire way to prevent infringement claims, there are ways to limit the chance of such claims occurring. Consider, however, that you likely include in your documents some of your own standard drawings, details, specifications, and other materials that you have spent time and resources developing. [55] For instance, in T-Peg, Inc. v. Vermont Timber Work, Inc., the court found that a home builder had access to a contractor's plans because the contractor had supplied the builder with plans such that "both the plaintiff and the defendant had possession of plaintiff's work".

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