Paper on Architectural Copyright Unveiled: Exploring Protection, Legal Challenges, and Evolving Landscapes

Architects are those people who are trained in architectural works and given licenses to work in the arts and science of building patterns. They create concepts for buildings and convert the ideas into pictures and plans.

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The Copyright Protectability of Architectural Works: The Eleventh Circuit Walks a Thin Line

Commons, T. (2016). The Copyright Protectability of Architectural Works: The Eleventh Circuit Walks a Thin Line. . John's L. Rev., 90, 469.

Because of rapid literary advancement, the Government of Switzerland invited different nations to create a universal copyright unification. In the meeting, countries signed an international treaty to protect and preserve artistic and literary properties. For several decades, the United States refused to adhere to the Convention because of the philosophical misunderstanding between the United States copyright system and the copyright system established by the Convention. The source discussed the history of copyright legislation in the U.S. regarding architectural works and the general application of copyright law; it analyzed the advantages and the disadvantages of both strategies and how other law courts ought to adopt the second circuit approach. Also, we discussed the circuit loop between the second and the eleventh circuits concerning the cost of protecting the architectural works.

The author gives critical insights into what a plaintiff ought to do when his/her work is wrongly copied. For the plaintiff to lay claim to copyright infringement, he/she must show proof of ownership of genuine copyright and integral components of the original work. Not every copied work is automatically referred to as infringement since not every characteristic of a copyrighted work is secured under copyright legislation. When someone copies unprotected components, his/her work will not be regarded as copyright infringement, unlike protected documents. It informs the students and upcoming architects to always protect their work under copyright law before exposing it to the public.

Protection of Intellectual Property of an Architect

Zhilskiy, N., Shariapova, E., & Matveeva, M. (2019). Protection of intellectual property of an architect. In E3S Web of Conferences (Vol. 91, p. 05029). EDP Sciences.

In-depth discussion of securing the copyright of architectural work, the trial is a significant way of protecting architect copyright. The Russian Federation (RF) Constitution provides judicial protection for freedom and rights. The increasing number of appeals in courts about copyright protection shows several copyright infringement cases of the architect’s property. To understand the terms architectural solution, architect's idea, architectural design, architect's idea, and architect's design, the court has to hire exceptional lawyers whose school of thought in court decision is considered the origin of law rebuts the speculation of law and state. Also, it discussed the importance of studying architecture as a profession, and architecture as a type of art. It examined the legal legislation that protects the architects' copyright of the Russian Federation nationally and internationally.

The source provides essential information about the rights of an architect. It enlightens architect students and those in practice about the rights of ownership, owners due to the name, right to work, right to inviolability, and right to publication. When a learner is informed of his rights as an architect, he/she can execute his duties and publish work confidently without fear. Before the Russian Federation Convention, architects could not protect their architectural activities from being copied by others. The information helps the architect to protect their work from being accessed and used by others. When one wrongfully copies your work, the book shows us the appropriate procedure to follow along the court corridors until we get justice.

The Building Blocks of Copyright Protection for Architectural Works: Roadblock or Masterpiece

Drozd, V. (2015). The Building Blocks of Copyright Protection for Architectural Works: Roadblock or Masterpiece? 14 J. Marshall Rev. Intell. Prop. L. 607 (2015). The John Marshall Review of Intellectual Property Law, 14(4), 6.

Heavy testing to determine substantial resemblance for architectural works is prejudicial to the utility of U.S and architects’ innovation and creativity. The source discussed both the ancient and the artificial methods employed in determining whether copyright infringement has taken place or not. The author mentioned the shortcomings of "total concept and feel" and "ordinary observation. Also, it discussed the modern systems employed in analyzing copyright infringement for architectural works, for example, hybrid tests used by law courts to evaluate and assess copyright infringement to determine the similarity between two architectural works.

The source discussed the various methods employed in detecting whether copyright infringement exists between two architectural works. It explains to learners the benefits of using modern methods when determining copyright infringement in architectural works. This source is useful to architectural students and those in the job market since it majors on the best ways to know the original and copied work.

Home Sweet Copyright

Lester, T. (2020). Treating Creative Black Intellectual Property Ownership as a Human Right. Available at SSRN.

The home-designing companies have a robust developed system for categorizing alterations to existing patterns. They have classifications that distinguish minor designs from detailed designs when deciding on the plaintiff's similarities and the defendant's strategy. It discussed the history and purpose of codification that extended copyright security to architecture-described methods in which courts assess and evaluate the similarities between the defendant and plaintiff's architectural work. Courts did not encounter challenges when employing old copyright rules for architectural works.

The source offers useful information on assessing and evaluating similar features between works done by two different authors. With this information, one can quickly know that another person has used his/her work, therefore, taking the defendant to court with surety that the work belongs to him, thus justice.

Public Art and Copyright Law: How the Public Nature of Architecture Changes Copyright Protection

Bertoni, A., & Montagnani, M. L. (2015). Public art and copyright law: How the general nature of architecture changes copyright protection. Future Anterior, 12(1), 46-55.

Public art involves all artwork exhibited in public places, for example, monuments, buildings, sculptures, civic statutory, and several characteristics of the built environment. Public arts were formed as a single unique word. It discussed the Public Art and its Surrounding, the public art protection and freedom of Panorama, and their essential components. It explains how copyright controls the authors' rights to protect their public artworks concerning their reputation as artists and the reproduction of their creations. The author discussed the moral side of Public Art. It involves the security of the author's personality as well as the integrity of his work.

The source contains an in-depth discussion of the right to disclosure and withdrawal, the right to attribution, and integrity. The right to integrity protects the author from defamatory treatment. This work helps the author be content with his/her work and does a particular job without copying from a protected source.

Copyright Protection for Architectural Works and the Effect on Infringement Claims

Dremann, C. C. (1995). Copyright Protection for Architectural Works. AIPLA QJ, 23, 325.

Cases of copyright infringement are rising with the high demand for architectural works. When determining the occurrence of copyright infringement, both the scope of copyright protection and what copyright law protects, the copyright only secures the authors' expression. It cannot save to any idea, process, system, method of operation, concept, discovery, or principle nonetheless in the manner in which explained, embodied, and described. Ideas can never be protected, though the first person to come up with the concept will own it. It discussed the stages of the copyright dispute proceeding. The plaintiff should recognize the sources of the alleged resemblance between the defendant’s work and that of his own. It describes how the court will determine whether the alleged similar characteristics are protected by copyright. Also, discussed what is covered in the architectural works. For example, plans are protected as technical drawings.

It discussed useful information about what is to be protected by the copyright and features that cannot be covered. They learn that copyright can only watch the author's expression but not things like the concept, method of operation, and system not considering the mode of illustration. This motivated the architectural works since architects can carry do their job per the act of copyright infringement. They work without fear of being charged with copyright infringement since they have full information.

Putting the House Back Together Again: The Scope of Copyright Protection for Architectural Works

Bradberry, L. J. (2015). Putting the House Back Together Again: The Scope of Copyright Protection for Architectural Works. La. L. Rev., 76, 267.

In the 1990 Convention, nations agreed on the Architectural Works Copyright Protection Act to secure the architects' intellectual property. There are certain things that one ought to be aware of the scope of what is being protected and how to connect yourself to reduce copyright infringement. Even though there are no sure ways to avoid infringement claims, the source discussed ways of minimizing the chances of infringement claims. First, know the scope of protection for architectural work. It discussed architectural results as any house plan as displayed on any medium of expression, architectural patterns, drawings, and buildings. It included the complete form of arrangement and composition of elements and space in the design.

Ways of controlling the extent of copyright infringement help young architects with a vision to acquire and offer much in architectural works. It will bring originality to architecture. When doing house design, the architects identify features that will make his/her work unoriginal and explore other concepts and systems that bring out a good house design. James E. ZALEWSKI, Draftics, Ltd., Plaintiffs-Appellants

James E. ZALEWSKI, Draftics, Ltd., Plaintiffs-Appellants, v. CICERO BUILDER DEV., INC., Luigi Cicero, T.P. Builders, Inc., Thomas Paonessa, Cillis Builders, Inc., Theodore Cillis, III, Deraven Design & Drafting, Roxanne K. Heller, V.S. Sofia Engineering, Sofia Engineering, PLLC, Vincenzo S. Sofia, Defendants-Appellees.[*] Docket Nos. 12-3448-cv, 12-3450-cv, 12-5127-cv.

The case of James Zalewski calls on students to discover the extent of copyright protection for architectural works. The Plaintiffs-Appellants were an architect, James Zalewski, and Draftics Limited company that he works with. James claims that he established and licensed different plans for colonial homesteads to building companies. He claims that the two building companies infringed his copyright in these plans by using them against the license permit and after the expiry. He added that the actions of the defendant violated the Digital Millennium Copyright Act. The defendant denied the accusations, contending that their designs never copied any protected elements of the plaintiff.