News & Analysis as of

Architectural Copyrights

Porter Hedges LLP

What do you mean I don’t own the plan?

Porter Hedges LLP on

The Owner and Architect of a Project may sometimes strongly disagree on who should or does own the designs, plans, and specifications that the Owner pays the Architect and its consultants to produce. The meaning of...more

Troutman Pepper

Suit for Copyright Infringement of Architectural Plans Allowed to Move Forward

Troutman Pepper on

In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and...more

McDermott Will & Emery

Uncompleted Building Sold in Bankruptcy Doesn’t Infringe Architect’s Copyright

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that there was no actionable infringement where an uncompleted building sold under the authority of a bankruptcy court was later completed....more

Linda Liu & Partners

Analysis of copyright related legal issues involved in landmark buildings

Linda Liu & Partners on

Foreword - In legal sense, "architectural works" refer to works with aesthetic significance expressed in the form of buildings or structures, which are protected by Copyright Law. However, landmark buildings have public...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Supreme Court Petitioned to Overturn 8th Circuit’s Holding on Architectural Plans that...

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the 8th Circuit’s opinion on copyright protection for architectural plans that could uphend “standard marketing practices” in Real...more

Weintraub Tobin

The Briefing by the IP Law Blog: Supreme Court Petitioned to Overturn 8th Circuit’s Holding on Architectural Plans that Upends...

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the 8th Circuit’s opinion on copyright protection for architectural plans that could uphend “standard marketing practices” in Real...more

Hahn Loeser & Parks LLP

Unsuspectingly Following Your Floor Plan into an Architectural Copyright Wall

Earlier this month, the U.S. Supreme Court was asked to consider revisiting an August 2021 decision made by the U.S. Court of Appeals for the Eighth Circuit (Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc.,...more

BCLP

A refresher on copyright - Lennox Estates v S&W Ventures

BCLP on

Imagine...you own a site. You give an option to a developer to buy that site subject to obtaining planning permission. It gets the planning permission, using planning drawings prepared by a firm of architects that it engages,...more

Woods Rogers Vandeventer Black

Ownership and Use of Architectural Plans and Drawings

Who has the right to use architectural plans and drawings prepared by an architect for a specific project?  What happens if the project on which the architect was working and the architect both leave one firm and move to...more

Maynard Nexsen

Intellectual Property for the Construction Industry

Maynard Nexsen on

Whether you realize it or not, contractors, subcontractors, owners and material suppliers face a myriad of issues related to intellectual property during a complex construction project, including patents, copyrights,...more

Smart & Biggar

Structural engineers score big as Federal Court recognizes and enforces copyright on structure of soccer complex

Smart & Biggar on

On September 12, 2017, the Federal Court issued its decision in Lainco Inc v Commission Scolaire Des Bois-Francs et al, 2017 CF 825, confirming that the plaintiff’s steel structure for an indoor soccer complex could benefit...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2017

Fenwick & West LLP on

It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to launch...more

Snell & Wilmer

A House of Cards: How Much Copyright Protection Remains for Architectural Works

Snell & Wilmer on

Although copyright protection in the United States was extended to architectural works in 1990, this protection has become increasingly narrow. A recently issued Eleventh Circuit opinion, Arthur Rutenberg Homes, Inc. v. Jewel...more

McDermott Will & Emery

Delivering Architectural Plans May Create Implied License - Hunn v. Dan Wilson Homes, Inc.

McDermott Will & Emery on

Where an architectural draftsman left his design firm mid-project and later used partial plans drawn during his employment to complete the project, the U.S. Court of Appeals for the Fifth Circuit affirmed the ruling that the...more

Carlton Fields

Playing with House Money: Fifth Circuit Holds that Home Designs Can Constitute Advertisements

Carlton Fields on

Insurers – who bear the burden of crafting unambiguous policy language defining the contours of coverage – constantly face difficulty in attempting to predict unexpected liability. And sometimes, Courts can make this job far...more

Bilzin Sumberg

The Need for Homebuilder Vigilance About Copyrights

Bilzin Sumberg on

Are homebuilders as vigilant as they should be in protecting their intellectual property rights — including the copyrights that qualifying architectural drawings and structures receive automatically as a matter of law, even...more

Womble Bond Dickinson

What Makes a Copy-Cat a Copy-Cat? The Complex Case of Architectural Copyright

Womble Bond Dickinson on

When an eminent jurist asks, “What does a copyright of an architectural work truly protect?” you may be certain the question is not rhetorical. The U.S. Copyright Act does provide protection from infringement for...more

Sheppard Mullin Richter & Hampton LLP

The Architecture of Copyright

This summer, Pacific Standard Time’s world-class exhibits highlight the architecture that gives Southern California its unique reputation for modern but relaxed style. This series of exhibits, a Getty initiative, titled...more

Maynard Nexsen

The 10 Things You Must Know About Architectural Copyrights

Maynard Nexsen on

Some people say that imitation is the sincerest form of flattery. However, under architectural copyright law, imitation could be a very costly endeavor. Here are ten tips to help contractors, owners and architects protect...more

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