C3 Patent and Intellectual Property Law

Oct312009 | Steve O'Donnell

Architecture Copyrights

There are two distinct types of copyright protection that architects should obtain for their designs to protect their intellectual property.

The first is copyright in the blueprints themselves under 17 U.S.C. §102(a)(5). This registration will protect the plans, but curiously, won’t prevent someone from taking the plans and using them to construct a building.

The second route is to register the plans as an “architectural work” under 17 U.S.C. §102(a)(8). This can prevent the construction of a building but likely won’t prevent a client from altering the building.

Registration of the copyrights is rather inexpensive, especially when compared to the benefits they confer. There is no reason why an architect should choose to not secure their copyrights.

Of course, an architect is free to contract for additional rights or transfer any rights to a client if there is some need for that.

Feel free to Contact me to schedule a review of your contracts and intellectual property protection needs.

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