Can An Architect Own Copyright? Navigating Legal Dilemma Of Copyrightability
- IJLLR Journal
- Feb 4
- 1 min read
Gouri S Gopakumar, BA LLB (Hons.), The National University For Advanced Legal Studies
ABSTRACT
Architecture is a dynamic and evolving subject matter under the intellectual property regime. Since the IPR laws intend to protect the creativity and innovativeness of architectural works, being unique expressions of design, they also entitle them to the same rights and protection that are stipulated under the IPR Laws. The paper aims to examine the inclusion and ongoing developments in the field of Architecture under the purview of the intellectual property landscape. The paper initially examines the Berne Convention, where the idea of including Architectural works under the IP was formally recognised. Furthermore, analyse the global development on the same by discussing the developments in various jurisdictions, India, the UK and the USA. All three countries hold different takes on the same. In India and the United Kingdom, architectural works under IPR have much broader moral rights than in the USA, wherein the USA places emphasis on the economic right. The final section of the paper discusses about freedom of panorama, which acts as an exemption to the copyright protection given to architectural works, mainly in the public domain.
