ARCHITECTURAL PLANS AND COPYRIGHT

DEFINITION OF TERMS

 "Architecture" is the art, science or profession of planning, designing and

constructing buildings in their totality taking into account their environment, in
accordance with the principles of utility, strength and beauty (R.A. 9266)
 "Authorship" refers to the author or authors of a set of architectural plans or
specifications who are in charge of their preparation, whether made by them
personally or under their immediate supervision (R.A. 9266)
 "General Practice of Architecture" means the act of planning and
architectural designing, structural conceptualization, specifying, supervising
and giving general administration and responsible direction to the erection,
enlargement or alterations of buildings and building environments and
architectural design in engineering structures or any part thereof; the scientific,
aesthetic and orderly coordination of all the processes which enter into the
production of a complete building or structure performed through the medium of
unbiased preliminary studies of plans, consultations, specifications, conferences,
evaluations, investigations, contract documents and oral advice and directions
regardless of whether the persons engaged in such practice are residents of the
Philippines or have their principal office or place of business in this country or another
territory, and regardless of whether such persons are performing one or all these
duties, or whether such duties are performed in person or as the directing head of an
office or organization performing them
INTELLECTUAL PROPERTY CODE (R.A. 8293)

 Sec. 172. 1 (i) provides that “illustrations, maps, plans, sketches, charts and three-
dimensional works relative to geography, topography, architecture, or science” are
included as literary and artistic works
 Sec. 186 Work of Architecture. - Copyright in a work of architecture shall include
the right to control the erection of any building which reproduces the
whole or a substantial part of the work either in its original form or in any form
recognizably derived from the original; Provided, That the copyright in any such work
shall not include the right to control the reconstruction or rehabilitation
in the same style as the original of a building to which the copyright relates.
THE ARCHITECTURE ACT OF 2004 (R.A. 9266)

 Requires a duly licensed architect to affix the seal prescribed by the Board bearing
the registrant's name, registration number and title "Architect" on all architectural
plans, drawings, specifications and all other contract documents prepared by or under
his/her direct supervision (Sec. 20).
 It shall be unlawful for any architect to sign his/her name, affix his/her seal, or use any
other method of signature or architectural plans, specifications or other contract
documents made under another architect's supervision.
 Unless the same is made in such manner as to clearly indicate the part or parts of such work
actually performed by the former (Sec. 32).
THE ARCHITECTURE ACT OF 2004 (R.A. 9266)

SECTION 33. Ownership of Plans, Specifications and other Contract Documents. -

Drawings and specifications and other contract documents duly signed, stamped or sealed,
as instruments of service, are the intellectual property and documents of the
architect, whether the object for which they are made is executed or not. It shall be unlawful
for any person to duplicate or to make copies of said documents for use in the repetition
of and for other projects or buildings, whether executed partly or in whole, without the
written consent of architect or author of said documents.

All architects shall incorporate this provision in all contract documents and other instruments
of service.
CODE OF ETHICAL CONDUCT FOR ARCHITECTS

 7.9 shall not affix his/her signature and seal to any plans or professional
documents prepared by other persons or entities and not done under
his/her direct personal supervision
 7.14 shall neither appropriate the intellectual property of, nor unduly
take advantage of the ideas of another architect without express
authority from the originating architect
ARCHITECTURE AND COPYRIGHT IN THE U.S.
ARCHITECTURE AND COPYRIGHT IN THE U.S.

 Codified in Title 17 on the United States Code (U.S.C)

 § 102 provides two levels of protection:
(a) Copyright protection subsists, in accordance with this title, in original works of authorship
fixed in any tangible medium of expression, now known or later developed, from which they can be
perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or
device. Works of authorship include the following categories:
xxx
(5) pictorial, graphic, and sculptural works
xxx
(8) architectural works
LIMITATIONS

 § 120 provides for the limitations on protection:

(a)PICTORIAL REPRESENTATIONS PERMITTED.—The copyright in an architectural work that has
been constructed does NOT include the right to prevent the making, distributing, or public
display of pictures, paintings, photographs, or other pictorial representations of the work,
if the building in which the work is embodied is located in or ordinarily visible from a public place.
(b)ALTERATIONS TO AND DESTRUCTION OF BUILDINGS.—Notwithstanding the provisions of
section 106(2), the owners of a building embodying an architectural work MAY, without the
consent of the author or copyright owner of the architectural work, make or authorize the
making of alterations to such building, and destroy or authorize the destruction of such building.
ISSUES IN ARCHITECTURAL WORKS AND COPYRIGHT

 Three elements have to be shown in order to be entitled to

protection:
 Originality
 Non-functionality
 Registration*
ORIGINALITY

 § 102. Copyright protection subsists… in original works of

authorship…
 Feist Publications, Inc. v. Rural Telecom Service Co.: Work was independently
created by the author (as opposed to copied from other works), and
that it possesses at least some minimal degree of creativity
SHINE V. CHILDS (2006)

“It is true that… twisting towers have been built

before. Towers with diamond-windowed facades
have been built before. Towers with support grids
similar to the one in Olympic Tower have been built
before. Towers with setbacks have been built before.
But defendants do not present any evidence that
the particular combinations of design elements in
either Shine '99 or Olympic Tower are
unoriginal.These works each have at least the mere
"dash of originality" required for
copyrightability...”
FUNCTIONALITY

 § 101. An “architectural work” is the design of a building as embodied in any tangible

medium of expression, including a building, architectural plans, or drawings. The work
includes the overall form as well as the arrangement and composition of spaces and
elements in the design, but does not include individual standard features.
 Protection does not extend to standard features, driven by function (i.e. common
windows, doors, and other stable building components).
ZALEWSKI V. CICERO BUILDERS

 “[M]any of the similarities are a function of

consumer expectations and standard house
design generally. Plaintiff can get no credit
for putting a closet in every bedroom, a
fireplace in the middle of an exterior wall,
and kitchen counters against kitchen
walls…”
ARCHITECTURE AND COPYRIGHT IN AUSTRALIA
COPYRIGHT AMENDMENT (MORAL RIGHTS) ACT

 Moral right means: (a) a right of attribution of

authorship; or (b) a right not to have authorship falsely
attributed; or (c) a right of integrity of authorship.
195AT Certain treatment of works not to constitute an
infringement of the author’s right of integrity of authorship
xxx
A change in, or the relocation, demolition or destruction of, a building is not
an infringement of the author’s right of integrity of authorship in respect of an artistic
work that is affixed to or forms part of the building if:
(a) the owner of the building, after making reasonable inquiries, cannot discover the
identity and location of the author or a person representing the author; or
(b) if paragraph (a) does not apply—the owner complies with subsection (2A) in
relation to the change, relocation, demolition or destruction.
(2A) This subsection is complied with by the owner of a building in relation to a change in, or the relocation, demolition
or destruction of, the building if:
(a) the owner has, in accordance with the regulations and before the change, relocation, demolition or destruction is
carried out, given the author or a person representing the author a written notice stating the owner’s intention to
carry out the change, relocation, demolition or destruction; and
(b) the notice stated that the person to whom the notice was given may, within 3 weeks from the date of the notice,
seek to have access to the work for either or both of the following purposes:
(i) making a record of the work;
(ii) consulting in good faith with the owner about the change, relocation, demolition or destruction; and
(c) the notice contained such other information and particulars as are prescribed; and
(d) where the person to whom the notice was given notifies the owner within the period of 3 weeks referred to in
paragraph (b) that the person wishes to have access to the work for either or both of the purposes mentioned in that
paragraph—the owner has given the person a reasonable opportunity within a further period of 3 weeks to have
such access; and
(e) where, in the case of a change or relocation, the person to whom the notice was given notifies the owner that the
person requires the removal from the work of the author’s identification as the author of the work—the
owner has complied with the requirement.
GAPS IN PHILIPPINE LAW
GAPS IN PHILIPPINE COPYRIGHT LAW

 Lack of standards for infringement particularly applicable to architectural

works
 Rights of the building-owner vs. rights of the architect
 Moral rights
 Protection limited to only registered architects