Copyright protection of architectural works

Updated on : 2020-Nov-17 15:05:52 | Author :

Contents

 

  • Introduction
  • What do you mean by copyright protection of the architectural works?
  • Protection of architectural works

 

Introduction

 

The Issues of infringement activity of the architectural works demands a deep understanding of the protection given on the works when they are reproduced or distributed or performed or publicly displayed or made into a derivative work without any kind of permission of the copyright owner of a particular work.

 

What do you mean by copyright protection of the architectural works?

The protection of the architectural works given through the Copyright against any infringement activity and imitation is generally provided in the existing copyright act of 1957. Hence the answer to this question of “whether the architects could get the protection of their Architectural works from the acts of infringement?” is “yes”. Knowledge about what gets protected as the part of Copyright of a building requires a clear understanding of what is copyright first and then what is an architectural work. Architectural works were not so affordable legal protection or any kind of form of the copyright protection till the "Berne Convention", 1908 was revised once. After this, it was added to the ambit of the "literary and artistic" works to get protected at the international level. Despite the architectural works being considered as artistic works or some structures may have been kept outside any scope of the copyright protection, like bridges or dams or tents or boats are not at all considered as "buildings".

 

Protection of the architectural work

The "Freedom of Panorama" is an exception to the other provisions mentioned in the Copyright Act, 1957. Any kind of painting or engraving or drawing or the display of a work of architecture or photograph of a work of architecture can be made or get published and has been incorporated under section 52 (1)(s) of the copyright act.

 

  • The process of making and publishing a drawing or painting or photograph of any sculpture or the other artistic works engraving or any other work of artistic craftsmanship is situated in a public place permanently or under any premises where the public has access.
  • An artistic work that is permanently situated in a public place where the public has access is already included in any cinematograph film.
  • The Indian Copyright Law can be appreciated against the European and the American copyright law that allows this freedom only if a copyrighted work is made into use for non-commercial or educational purposes. Indian law is not subjected to this kind of demarcation.

 

Section 2(d) of the Design Act, 2000 has explained the term of design as the features of any shape or configuration or pattern or ornament or composition of the lines or colors that are applied to any kind of article whether it is in two dimensional or three-dimensional form or both forms. It is by any kind of industrial process or means, whether it is manual or mechanical or chemical or separate or combined which is present in the finished article appealing to and are being judged solely by the eye. But it does not include any kind of mode or any principle of the construction of anything that is in substance or a mere mechanical device and does not include any kind of trademark as it is defined in the clause (v) of the sub-section (1) of section 2 under the Trade and Merchandise Marks Act of 1958 or the property mark as it is defined in section 479 mentioned in the Indian Penal Code or the artistic works as it is defined in the clause (c) of section 2 under the Copyright Act, 1957. The Design Act, 2000 provides the idea for the registration of the architectural works that come under the Class 25-03 and 25-99. Because of the multiple provisions conferring the protection to the architectural works or a conflict, whether the architectural works should be protected that is given by the Copyright Act, 1957 or under the Design Act, 2000 or Section 15(2) of the Copyright Act, 1957 would arise in play for the determination of what works would get protection through the Designs vs the Copyrights.

 

International Conventions protecting the architectural structures

 

The Berne Convention does not define what works as a constitution of a "work of architecture" that is entitled to protection, except such works may be "incorporated in a building or other structures." The Agreement on the Trade-Related Aspects of the Intellectual Property Rights or short-termed as TRIPS explicitly incorporates the Berne Convention for architectural copyright protection without defining further what constitutes a work of architecture or what doesn’t. Architectural works were not added in the Convention of 1886, except Article 4 that explains the "plans or sketches and artistic works related to architecture were specified.

 

 

 

 

Additional resources

 

 

 

 

 

 

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