Copyrighted Works, Copyright of Drawings, Understanding Copyright Better!

Copyright is a tricky thing!  Most holders of copyrights want to scare people away, with legal warnings and other penalities under law.  I’m not saying ripping people or corporations off is cool, it sucks! but what’s all the fuss.  I think too often, especially if the copyrighted work is not used commercially to make money it should be almost up for grabs under the “fair use” clause.  

Here in this blog post I would like to explore what all his really means and look at what information is out there to better explain the deep information on the copyright and what it really means!

Within the profession of architecture, mostly the copyright of the drawings belongs to the architect.  So the owner can not just pay for one set of drawings and then reproduce that same work in another location–with potential problems/liability inevitable.  Here is an excerpt from the lecture notes of  Mark Frielander’s Professional Practice class at IIT on the copyright of drawings: 

COPYRIGHT OF DRAWINGS

 The U.S. Copyright Act (and foreign equivalents)
 Only the specific expression of an idea can be copyrighted
 Classifications of ownership

– Default position: architect owns the drawings
– “Instruments of Service”
– “Works for Hire”
– Joint Ownership

 “License” to use the drawings

– Contractual right, not formal certificate
– Can be almost any conceivable combination of rights
– Termination of license
– Owner’s agreement to indemnify for non-project use

 Notice and registration of copyright

 Damages for infringement

– Court injunction
– Money damages: lost profits or statutory damages

[source: http://www.schiffhardin.com/design-build/lecture-notes/architecture-544—spring-2012  ]

Another pertinent set of articles to reference is the Copyright or Copywrong series written by the AIA General Counsel , Gregory Hancks, AIA

1. First in Series
   http://info.aia.org/aiarchitect/thisweek09/0925/0925p_copyright.cfm
   This is the first in a series of articles exploring various aspects of copyright that are frequently misunderstood. In this installment, we look at what the Internet has wrought.
2. Second in Series
   http://info.aia.org/aiarchitect/thisweek08/0815/0815p_copyright.cfm

   exploring various aspects of copyright that are frequently misunderstood. In this installment, we will look at where the “rights” part of copyrights come from.

3.  Third in Series: 
   http://info.aia.org/aiarchitect/thisweek09/0626/0626b_copyright.cfm
   You may know (or think you know) your basic rights and obligations under copyright law. But what misconceptions are commonly held by people you work with, your boss or employees, your clients, or your consultants? You might be surprised. This is the third in a series of articles exploring various aspects of copyright that are frequently misunderstood. In this installment, we note that copyright notice isn’t what it used to be.
    
4. Fourth In Series
   http://info.aia.org/aiarchitect/thisweek09/0925/0925p_copyright.cfm 
   the distinction between copyright in architectural drawings and copyright in the architectural design itself.
    
5. Fifth in Series: 
   http://info.aia.org/aiarchitect/thisweek09/1016/1016p_copyright5.cfm
   This is the fifth in a series of articles exploring various aspects of copyright that are frequently misunderstood. In this installment, we consider another type of copyrightable work that architects frequently use: photographs. 
    
6. Sixth in Series
   http://www.aia.org/practicing/AIAB082309
   exploring aspects of copyright that are frequently misunderstood. In this installment, we consider what it takes to prove infringement of a copyright.
    
7. Seventh in Series
   http://www.aia.org/practicing/AIAB093915
   exploring various aspects of copyright that are frequently misunderstood. In this installment, we consider the unfortunately named doctrine of “fair use,” which in architectural practice is unlikely to be a valid defense against a claim of copyright infringement.