| Title |
A Study on the Protection of the Architectural Works after the Enactment of the Architectural Works Copyright Protection Act in USA |
| Keywords |
Copyright ; Architecture ; Architectural Design ; USA |
| Abstract |
An “architectural work” is the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.
Before the enactment of the Architectural Works Copyright Protection Act (AWCPA) of the USA in 1990, the protection of the architectural works in the USA was considered to be inadequate for the American architects. Architectural works created on or after December 1, 1990, are subject to copyright protection. However, even after the enactment, the protection is still insufficient to match with those of European countries. Nevertheless, the AWCPA helps the American architects protect the copyrights on their architectural works. It has been proved by the growing number of lawsuits regarding architectural copyright.
In this study, judicial precedents concerning architectural copyright after the enactment of the AWCPA have been scrutinized to analyze the changes of protection standards for architectural works. The results of this study suggest that the strong demand for the protection of architectural works by American architects is clearly evident and the legal decisions are becoming more and more favourable to architects.
By contrast, Korean judicial precedents concerning architectural copyright are rare for many reasons such as simple ignorance, avoidance of legal challenges, etc.
The aim of this study is to observe American judicial precedents concerning architectural copyright and this will help judging architectural copyright lawsuits in Korea as there are only few judicial precedents.
In addition, to keep their copyrights more strongly, copyright registration of architectural works is highly recommended. The copyright registration is also available for architects in Korea with relatively easy procedure and small costs. This study also intends to be a benchmark for Korean architects who may be involved in copyright lawsuits. |