News & Analysis as of

Copyright Architects

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Stoel Rives LLP

License to Build: The Importance of License Terms in Design Agreements

Stoel Rives LLP on

Plans, drawings, and related design documents are needed at all stages of a construction project, from early concepts and permitting to site preparation and construction itself. Many professionals in construction and property...more

Quarles & Brady LLP

A Rare Hole-in-One for Copyright Protection?

Quarles & Brady LLP on

A new bipartisan bill relating to copyright protection may be a hole-in-one for golf course architects and owners....more

Fox Rothschild LLP

Protecting Golf Courses with BIRDIEs

Fox Rothschild LLP on

In February, a bill was introduced in the United States House of Representatives by Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) called the “Bolstering Intellectual Rights against Digital Infringement Enhancement Act.”...more

Bradley Arant Boult Cummings LLP

Golf Course Copyright Bill Implications Go Beyond The Green

In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects. The Bolstering Intellectual Rights against...more

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

Bradley Arant Boult Cummings LLP

Congress Tees Up Copyright Protection for Golf Course Designs with the BIRDIE Act

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. Constitution, ensures...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

Weintraub Tobin

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

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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

BCLP

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

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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

Ownership and Use of Architectural Plans and Drawings

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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

Carlton Fields

Court Rejects Claim That Arbitrator’s Ruling Was In Manifest Disregard Of The Law

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A court has granted a petition to confirm an arbitration award despite the defendant’s argument that the arbitrator acted in manifest disregard of the law. While acknowledging questions regarding the continuing viability of...more

Snell & Wilmer

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

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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

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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

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - March 2015

New York Federal Court Rejects Insurer’s Request for Recoupment - Why it matters: The federal court, applying New York law, held that an energy drink manufacturer’s advertising coverage claim—arising from underlying...more

Bilzin Sumberg

The Need for Homebuilder Vigilance About Copyrights

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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

McDermott Will & Emery

Architectural Copyrights Should Be Treated No Differently than Other Copyrights

McDermott Will & Emery on

Zalewski v. Cicero Builder Dev., Inc. - The U.S. Court of Appeals for the Second Circuit, in addressing the extent to which architectural works are protectable copyright material and the proper framework for assessing...more

Baker Donelson

Builder Beware! Does Your Project Infringe Someone’s Copyright?

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On Friday, November 8, 2013, the United States Circuit Court of Appeals for the Fifth Circuit, which comprises Texas, Louisiana, and Mississippi, affirmed a $3.2 million damages award for copyright infringement in favor of...more

Maynard Nexsen

The 10 Things You Must Know About Architectural Copyrights

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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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