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Copyright in architecture in the United States
Copyright in architecture is an important, but little understood subject in the architectural discipline. Copyright is a legal concept that gives the creator of a work the exclusive right to use that work for a limited time. These rights can be an important mechanism through which architects can protect their designs.
==History of copyright in architecture==
Architecture has not always been covered by copyright law. In 1790, when the first copyright law was passed, copyright was only granted in "books, maps, and charts".〔Copyright Act of 1790〕 In 1909, Congress broadened the scope of copyright protection to include all "writings of an author".〔Copyright Act of 1909〕 Although architectural drawings were not expressly included in the 1909 Act, copyright protection was included under the act for "()rawings or plastic works of a scientific or technical nature". Courts generally interpreted this provision to include an architectural blueprint.〔''Imperial Homes Corp. v. Lamont'', 458 F.2d 895, 898 (5th Cir. 1972); ''DeSilva Constr. Corp. v. Herald'', 213 F. Supp. 184, 193 (M.D. Fla. 1962).〕 It was not until 1976 that Congress expressly stated its intent to include "an architect's plans and drawings", which were included under the protection of "pictorial, graphic, and sculptural works".〔H.R. Rep. No. 1476, at 55 (1976)〕 However, such protection was qualified in that "the extent to which protection would extend to the structure depicted would depend on circumstances".〔 As a result, under the 1976 Act, most courts held that even this grant of coverage to an architect's plans and drawings did not protect an architect's right to build structures depicted in the drawings.〔''Richmond Homes Mgmt., Inc. v. Raintree'', 682 F. Supp. 1517, 1525 (W.D. Va. 1994〕 Courts generally held that both the utilitarian doctrine prohibiting copyright in useful articles and the idea-expression dichotomy prohibiting copyright in ideas barred protection of buildings designed from architectural plans.〔''See., e.g., Robert R. Jones Assocs. v. Niro Homes'', 858 F.2d 274, 279 (6th Cir. 1988); ''Acorn Structures, Inc. v. Swantz'', 657 F. Supp. 70, 75 (W.D.Va. 1987).〕
In 1989, the United States joined the Berne Convention for the Protection of Literary and Artistic Works, which required that its signatories protect completed architectural works from infringement. As a result of both this convention and a recognition by Congress that "architecture is an art form that performs a very public, societal purpose . . . deserving of protection under the Copyright Act", Congress passed the Architectural Works Copyright Protection Act (AWCPA) in 1990, which amended the Copyright Act to specifically include "architectural works" among the list of protected works in .〔H.R. Rep. No. 735, at 6936 (1990)〕
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