![]() The problem with the architect’s claim was the failure to identify what was original in the drawings and thus protectable under copyright law. You May Also Like Shenzhen rooftop converted into a recreational urban strip The trial court granted summary judgment to the owner and the appellate court affirmed. The original architect sued the owner and others for copyright infringement. The owner and architect had a falling out and the owner hired another architect to complete the project. The plaintiff was an architect who had designed a Holiday Inn Express. Courts have recently made this a much more difficult problem.Ī case demonstrating this is Nova Design v. ![]() Of course, substantial similarity is subjective. the accused’s client was also your client and had copies of your drawings), and demonstrate the work is substantially similar to yours. To have a chance of prevailing, you must show the alleged person had access to your work ( i.e. ![]() Since direct copying is often difficult to prove, courts have come up with a method of proof that consists of two elements: access and substantial similarity. One of the elements of a copyright infringement action is “copying.” If you have not copied someone’s work, you have not infringed. If the architect merely sketches what someone else has already drawn, the element of originality is missing and there is no protection. The drawing is the expression of the idea and is given copyright protection by the Copyright Act, unless, however, the drawing is not original. An idea is given no copyright protection until put into a tangible form, such as a drawing. For instance, when the architect draws some lines on a piece of paper, this expression is automatically given copyright protection. There appears to be skepticism about what is original and, therefore, what is entitled to protection.To review, a work is given copyright protection from the moment it is put into a tangible form. In the past few years, some courts have made it increasingly difficult for architects to win copyright infringement claims. ![]() ![]() Werner Sabo, FAIA, CSI, and Shawn Goodman ![]()
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