Courthouse Reporter Series: Two Recent Cases Address Copyright Protection for Architectural Works

Stu Richeson | The Dispute Resolver Recent decisions by the Seventh Circuit and the Eight Circuit have addressed the scope of protection afforded to architectural works under copyright law. The Seventh Circuit case of Design Basics, LLC v. Signature Constr., Inc., 994 F.3d 879 (7th Cir. 2021), took a somewhat narrow view of the copyright protection afforded… Continue reading Courthouse Reporter Series: Two Recent Cases Address Copyright Protection for Architectural Works

The Hidden Risk in Design-Build Project Negotiations: Copyrights

Anthony Chwastyk | Cohen Seglias Pallas Greenhall & Furman Of the countless issues contractors face on a construction project, immediate problems like scheduling, workforce, payment, and materials supply often overshadow intellectual property concerns. But, they shouldn’t—especially for the design-build contractor. Given the resources the construction design process takes up, these builders need to protect investments… Continue reading The Hidden Risk in Design-Build Project Negotiations: Copyrights

Design Professional Asserting Copyright Infringement and Contributory Copyright Infringement

David Adelstein | Florida Construction Legal Updates | April 7, 2019 Standard form construction contracts between an owner and design professional will address copyright protection, as well as other contractual protections, associated with a design professional’s “instruments of service.”   An owner negotiating an agreement with a design professional should consider alternative language that broadens the scope… Continue reading Design Professional Asserting Copyright Infringement and Contributory Copyright Infringement

Second Circuit Clarifies Copyright Protection for Architectural Works and Drawings

David M. Kohane and Adam J. Sklar, August 22, 2012 Until 1990, federal law extended copyright protection to original architectural drawings, but generally did not extend such protection to actual buildings, even buildings constructed from protected drawings.  The drawings were protected from copying as “pictorial” or “graphic” works, just like any sketch or painting.  The… Continue reading Second Circuit Clarifies Copyright Protection for Architectural Works and Drawings

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