Architectural Designs: Are They Copyrightable?

The concept of a piece of art that is architectural in nature or an artistically designed building being copyrightable might seem fairly self-explanatory, but what about the design plans for that architectural creation? Do the drawings created by an architect designing how a building will look ever attract its own separate copyright protection? Can those designs be used by someone else trying to create a similar looking building? Continue reading for a look at the ways in which architectural designs and plans are protected under the Canadian Copyright Act and Canadian caselaw.

Are architectural designs copyrightable works?

An architectural design falls under the category of "artistic works," which includes drawings, maps, charts, plans, photographs, and architectural works.¹ An "architectural work" is defined as "any building or structure or any model of a building or structure."² The significance of these definitions is that a building can be protected by