[BadVista Advocate] "Free" software

Michael Fötsch foetsch at yahoo.com
Fri May 4 14:49:19 EDT 2007


Sunnz wrote:
> Just wondering, the architecture blue prints of houses are free and
> open right? But yet architects make a fortune out of it?

It seems the IP crowd already took care of it: http://www.copyright.gov/help/faq/faq-protect.html:

Does copyright protect architecture?

Yes. Architectural works became subject to copyright 
protection on December 1, 1990. The copyright law defines “architectural
 work” as “the design of a building embodied in any 
tangible medium of expression, including a building, architectural 
plans, or drawings.” Copyright protection extends to any 
architectural work created on or after December 1, 1990. Also, any 
architectural works that were unconstructed and embodied in unpublished 
plans or drawings on that date and were constructed by December 31, 
2002, are eligible for protection. Architectural designs embodied 
in buildings constructed prior to December 1, 1990, are not eligible 
for copyright protection. See Circular 
41, Copyright Claims in Architectural Works


Something like this exists in Europe too, although I think I read in a recent newspaper article that there must be a special, say, artistic quality to the building for it to be copyrightable. I wonder what their standards are for "non-obviousness", though, and whether they apply a "teaching-suggestion-motivation test"... :-)


Kind Regards,
M.F.












 
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