U.S. Copyright Protection For Architectural Works and Constructed Buildings

MARK TERRY, ESQ.

Original architectural designs can receive copyright protection when they are fixed in a tangible medium, including architectural plans, drawings, models, and certain constructed buildings.

Protection generally covers the overall form of the building and the arrangement and composition of spaces and design elements. It does not extend to standard features or elements dictated primarily by function.

For copyright purposes, a building is generally understood as a structure intended to be permanent, stationary, and habitable by people.

Timing is important. Architectural works created on or after December 1, 1990 may qualify for protection, while older works are subject to more complicated rules based on creation, publication, and construction dates.

Structures that are not buildings—such as bridges, dams, walkways, and highway features—generally do not fall within the architectural-work category.

The duration of protection depends on authorship. A work made for hire may be protected for 95 years from publication or 120 years from creation, whichever expires first. A work created by an individual is generally protected for the author’s life plus 70 years.

Architects, developers, and property owners should document dates of creation, publication, construction, assignment, and employment status so ownership and eligibility can be evaluated accurately.