Architectural Copyright

 By the very nature of the profession, an architect
conceives and creates.

 The question of preservation of ownership rights
of Architectural copyright assumes significance
because an Architect labours over his creation –
the design of building.
 Therefore, an architect’s product, i.e., a
Conceptual Plan or a Design of Structure, is his or
her own intellectual property.
 But, the owners sometimes claim that since they
pay the Architect his professional fees, the
copyright belongs to them.
 Definition:-
 ‘Copyright’ is the exclusive right granted by law for a
certain number of years to make repeated use of, to
commercially use and dispose of a literary, musical or
artistic work such as a writing a book, composing
music or paint a painting.
 Architectural copyright means the right to use
Architectural drawings, sketches, etc. for
building or for publication for profit.
 All matters connected with copyright are
governed by the Indian Copyright Act, 1957.
 The main provisions of Copyright Act, 1957 as
far as architectural field is concerned, are as
under:-
 Sections-2, 3, 13, 14, 17, 18, 19, 22, 30, 51 & 55

 Interpretation of Definitions:-
 Artistic work means an Architectural work of art.
 Architectural work of art means any building or
structure having an artistic character or design or any
model of such building.
 Author means the Architect who has designed an
artistic building or prepared Architectural drawings.
 Exclusive License means a license or authority which
is conferred on the Licensee (the owner or the
Architect) exclusively. It means, in other words, that
if the licensee is the client, he will have the
exclusive right comprised in the copyright to the
exclusion of all other persons including the Architect.
 Thissection provides that no person unless
he is authorized in writing by the owner of
copyright can publish Architectural drawings,
photographs or models of building designed
by the Architect.
 However, drawings and photographs printed

and published as a part of Architectural
criticism are excluded.
 Copyright shall subsist in any Architectural
work located in India.
 The copyright shall subsist only in the artistic

character of the design of a building.
 Ifthe process or method of design is sought

to be protected, the author will have to
obtain a patent under the Patents Act.
 The meaning of copyright is the exclusive
right to reproduce the work in any material
form or to publish the work for profit or
gain.
 It defines the “First Owner of Copyright”.
 It says that, in case the author of the design

is employed or is working as an apprentice,
his employer shall be the first owner of the
copyright.
 Theowner of copyright can assign his
copyright in writing in an existing work or
future work to any person wholly or partially,
conditionally or unconditionally.
 The owner of copyright can make conditions

that certain payments will be made to him or
that the copyright will be assigned only for a
limited period.
 Itcan even be restricted to printing it in the
form of an article or album.
 When the copyright is assigned in writing to a

person, who is not its author, he is regarded
as the owner of copyright.
 This provision applies to the legal

representative or successor of such an
assignee after his death.
 The assignment of copyright must be made in
writing.
 Theperiod of copyright is restricted to fifty
years from the death of its author.
 Thisclause requires that the ownership of
copyright is made specific.
 Inother words, whether it belongs to the

Architect or the client.
 Itdeals with infringement of copyright.
 When any person makes anything for sale or
hire or by way of trade, displays it in public
without the owner’s permission, it will amount
to infringement of copyright.
 As far as buildings are concerned the client has
a right to build only one building as per the
design of the Architect.
 Any repetition of the design in some other
place will amount to infringement of copyright.
 Itdeals with remedies for infringement of
copyright.
 In case of infringement of copyright, the owner

is entitled to remedies such as court’s
injunction and damages.
 The amount of damages and the cost of legal

proceedings is determined by the court by
taking into consideration the amount of profit
made by the culprit.
 TheUniversal Copyright Convention of 1952
states that if the drawings and sketches are
marked with letter © in a circle like this and the
name of its author and the date of its first
publication is written on it, the copyright of the
author is protected in all the countries which
have signed the UNESCO protocol on Copyrights
signed in 1952.
 The infringement of copyright is governed by

the Law of Limitation which stipulates that any
action for injunction or damages must be
commenced by the owner within three years of
infringement.
 An Architect was driving along a country road.
 He came across a house, which to him looked
like the one he had designed.
 He stopped to make inquiries to find out who
was the Architect and the contractor.
 When he was told that the owner had not
engaged an Architect but it was built by a
particular contractor, the Architect
remembered that it was the same contractor
who had built the original house which he had
designed.
 The Architect sued the contractor for
infringement of copyright and was awarded
compensation by the court.
 Itwill thus be seen that the drawings left with

a contractor after completion of a project can
induce an unscrupulous contractor to
infringement of copyright.
 There should be a specific provision in the
Letter of Appointment given by the client
that the copyright in the design will vest in
the Architect.
 Alternatively,
it should stipulate that the
appointment is as per the Conditions of
Engagement as prescribed by the Council of
Architecture.
 Every drawing should bear the sign © with
the name of the Architect and the date of
preparation of the drawings preferably in the
right side top corner of the drawing or
somewhere in the notes written on the
drawing.
A record of all the drawings issued to
contractor should be kept by the Architect.
 All these drawings whether intact or
mutilated, must be returned by the
contractor before the “Final Certificate of
Payment” is issued to him.
 Normally two sets of working drawings are
given to the contractor, one to be kept at the
site and the other set he keeps in his office
for planning execution schedule.
 Usually the set which is kept in the office is
riot mutilated or disfigured.
 TEXT BOOKS –
 Architectural Practice in India by Prof.
Madhav Deobhakta and Ar. Meera Deobhakta
 Architectural Practice and Procedure by Ar.
V. S. Apte

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 By the very nature of the profession, an architect

conceives and creates.

 Sections-2, 3, 13, 14, 17, 18, 19, 22, 30, 51 & 55

 However, drawings and photographs printed

 The copyright shall subsist only in the artistic

 Ifthe process or method of design is sought

 It says that, in case the author of the design

 The owner of copyright can make conditions

 When the copyright is assigned in writing to a

 This provision applies to the legal

 Inother words, whether it belongs to the

 In case of infringement of copyright, the owner

 The amount of damages and the cost of legal

 The infringement of copyright is governed by

 Itwill thus be seen that the drawings left with

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