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Intellectual Property Law

Architecture Faculty Articles

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Has The Architectural Works Copyright Protection Act Worked?: An Architect’S Perspective, Robert Greenstreet Oct 2012

Has The Architectural Works Copyright Protection Act Worked?: An Architect’S Perspective, Robert Greenstreet

Architecture Faculty Articles

Attorneys can help their designer clients by recommending that all architectural work, however modest in design aspiration, be systematically copyrighted to protect against not only unauthorized use but also the threat of ownership challenges by competitors.


The Myth Of Originality, Robert Greenstreet Jan 2007

The Myth Of Originality, Robert Greenstreet

Architecture Faculty Articles

The concept of originality has always been a sensitive one in architectural design. Architects are hired for ideas and services provided to clients via architectural drawings and are the foundation of professional viability. Has the 1990 enactment of The Architectural Works Copyright Protection Act improved the overall lot of architects with regard to protection of their ideas and, by extension, their livelihood? Or, have the implications of the Act provided as many problems for architects as relief?


Defending Against Claims Of Copyright Infringement: The Expert Witness Perspective, Robert Greenstreet Jan 2005

Defending Against Claims Of Copyright Infringement: The Expert Witness Perspective, Robert Greenstreet

Architecture Faculty Articles

No abstract provided.


Will Architectural Works Law Have A Chilling Effect?, Robert Greenstreet, Russell Klingaman Mar 2001

Will Architectural Works Law Have A Chilling Effect?, Robert Greenstreet, Russell Klingaman

Architecture Faculty Articles

The Architectural Works Copyright Protection Act (AWCP Act) was passed in 1990 to bring U.S. copyright law into conformance with the Berne Convention, an international treaty dealing with intellectual property. The AWCP Act has been used by architects, designers and builders to sue competitors. This article addresses a few problems associated with litigation involving copyright protection for architectural works.


Architectural Copyright: Recent Developments, Robert Greenstreet, Russell Klingaman Jun 2000

Architectural Copyright: Recent Developments, Robert Greenstreet, Russell Klingaman

Architecture Faculty Articles

This article traces the development of American copyright law as it applies to architectural works from its earliest foundations in the United States Constitution until the enactment of the Architectural Works Copyright Protection Act in 1990. By focusing on the outcomes of the latest legislation through recent case law affecting residential design, the authors evaluate the effectiveness of the protection and illustrate some unintended consequences. In addition, they discuss architectural originality and its relationship to legal protection in the context of individual design freedom.


The Case For Copyright: Protecting Originality And The Architect’S Rights Of Ownership, Robert Greenstreet Jan 1998

The Case For Copyright: Protecting Originality And The Architect’S Rights Of Ownership, Robert Greenstreet

Architecture Faculty Articles

The Architectural Works Copyright Protection Act of 1990 provides valuable protection for architects in a specific condition: It prevents their designs and drawings from being reused without their permission or compensation. Nonetheless, it has raised some interesting questions as to the definition of “architectural works,” what actually merits copyright protection and what constitutes real originality.