RE: Re: Re: Architectural Copyright Registration

From: Trademarks <Trademarks[_at_]moyerbergman.com>
Date: Thu, 19 Jan 2006 11:15:30 -0500


I would like to see the article if you could send me a copy or give me the cite. Thanks. This is a very interesting issue to me as we've recently brought an infringement claim against another designer and the builder.

Matt Krigbaum
mkrigbaum[_at_]moyerbergman.com

Moyer & Bergman, PLC
2720 First Avenue NE
Cedar Rapids, Iowa 52402

319.366.7331 phone
319.366.3668 fax
www.moyerbergman.com


-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Scott Butcher Sent: Wednesday, January 18, 2006 4:20 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: [CNI-(C)] Re: [CNI-(C)] Architectural Copyright Registration

I work for an architectural firm and have found that few architectural firms actually register their design, and copyright infringements suits are rare. (That stated, there was recently a major $6-million award to an architectural firm who was able to prove that the PLANS for a home they designed were copied. Read a release here: http://www.foleybezek.com/hablinski/hablinski.html). But in that case it was based upon the architectural plans essentially being taken by a former employee and used to build a "copycat" house.

An industry publication to which I subscribe recently ran an article on architectural copyright, and an attorney was quoted stating that they advise their clients to register their design (plans, drawings, blueprints) as VISUAL ARTS.

Once the building is constructed, pictorial representations are permitted if the building can be viewed from a public place, so while I may own the copyright to the drawings used to construct my house, I can't stop John Doe from standing on a public sidewalk, taking a photo, and using it in a magazine article or poster print or whatever. (I believe that there are two cases that address this -- one is the Rock & Roll Hall of Fame and the other is related to a Warner-Brothers movie, though the latter was about sculpture that happened to be part of a building complex, if memory serves me correctly).

I am curious, however -- is the "air" considered a "public place"? If I want to take a photo of a building on private property for whatever reason, and I'm unable to get permission, can I take a photo from a helicopter and use it? (Not that I have the need -- just curious -- especially since the proliferation of Web sites with digital images of our homes, offices, etc. from above.)

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Jason sheperd Sent: Wednesday, January 18, 2006 1:21 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: [CNI-(C)] Re: [CNI-(C)] Architectural Copyright Registration

Isn't the same protection afforded by the definition of architectural works though? I am curious to know how many list members have their client file two applications, one for graphical/prictorial works and the other for architectural works.

Jason Shepard

>From: "Vance R. Koven" <vrkoven[_at_]gmail.com>
>Reply-To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
><CNI-COPYRIGHT[_at_]cni.org>
>To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
><CNI-COPYRIGHT[_at_]cni.org>
>Subject: [CNI-(C)] Re: [CNI-(C)] Architectural Copyright Registration
>Date: Tue, 17 Jan 2006 16:50:01 -0500
>
>The benefit is to the architect. It means that some other architect, or
>some other home site owner, can't replicate the design of the
>constructed building. Registering the plans and schematics merely
>protects *them* (barring application of the derivatives right).
>
>Vance
>
>On 1/17/06, Jason sheperd <jasonshpd[_at_]hotmail.com> wrote:
> >
> > I've been researching architectural copyright protection and it
> > appears that a home design can be protected and filed as an
> > architectural work and a separate filing as a graphical or pictorial

> > work. Why the two separate registrations? What's the benefit to
> > the client?
> >
> > Jason Shepard
> > Attorney at Law
> >
> > _________________________________________________________________
> > On the road to retirement? Check out MSN Life Events for advice on
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> >
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>
>
>--
>Vance R. Koven
>Boston, MA USA
>vrkoven[_at_]world.std.com



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Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Thu Jan 19 2006 - 21:15:30 GMT

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