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ARTICLE · 18 APRIL 2022

Copyright Protection Of Architectural Works

In order to avoid potential copyright infringement claims, individuals in the design and construction fields need to be aware of the protections afforded under U.S. copyright law...

United StatesIntellectual Property

In order to avoid potential copyright infringement claims, individuals in the design and construction fields need to be aware of the protections afforded under U.S. copyright law not only to designs, but to constructed architectural works.

  • Prior to 1990, U.S. law only provided copyright protection to architectural designs - not to constructed architectural works. That changed in 1990, when the U.S. Congress enacted the Architectural Works Copyright Protection Act, which, among other things, extended copyright protection to constructed architectural works.
  • An “architectural work” subject to copyright protection is defined as “the design of a building as embodied in any tangible medium of expression, including a building, architectural plans or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.”

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