Architectural copyrights, wait is that even a

thing?
Yes, it is a thing. An architectural creation is considered to be an artistic work. A
painting, a sculpture, a drawing (including a diagram, map, chart or plan), an
engraving or a photograph, whether any such work possesses artistic quality. this
just means that the artistic work or the two-dimensional or three-dimensional plans
also have a significant value and they can be used to register as your own plan.
This formality can be used mainly by architectural builders and house owners to
safeguard their originality of the building they built. This may seem simple but
there are many layers to this concept of copyrights. Mainly since architecture is
just not about building commercial and non- commercial houses and flats but also
about building significant monuments that sets itself as a landmark.
I was specific in the usage of the word ‘ORIGINALITY’ wasn’t I. this is because all
the floor plans that come up on for copyrights may claim to creative and it can be
as well but only few have the originality to get the copyright. Is it a little
confusing? Let me break it down in simple words for you.
Mr. Sharma (A frictional character) is looking to build his dream villa near the
beach. He’s got a family of 5 and needs to build 3 rooms and an extra room for his
office with a private dinner facility. These are his wants. So, what does he do? he
goes around looking at houses for sale and rent with the same requirements.
Lets just say he sees an house with a second floor swimming pool with a mini bar,
but since he’s a non- drinker he takes only the swimming pool idea, and mixes it
up with the idea of building a small gym right next to the swimming pool, he then
gets the idea of building a steam room so he adds it as well.
The rooms are mostly very normal but with just one change, Sharma saw another
house with an office linked with the bedroom and he liked it so much he wanted
the same for his house too, so he added it to his plan.
He saw another house where the hall had glassed window for the sunlight
leakage, he liked it but since he is many who believes in placement of the things in
the right place he changed the axis of the hall and gave a walking path to the hall
and placed it in the totally opposite side of the house and also changed the
glassed window to a glass door to his backyard which serves the same purpose of
light leakage.
Now he has changed his necessities to reality which can also be considered as
originality, but would you consider this idea original. No!!!
But when he applies for the copyrights for this naming it ‘THE SHARMA’S
HOMING’. He got no objection because he induced 3 different ideas into 1. Our
copyrights system doesn’t take effort on recognizing the originality for normal
householding. But if Sharma sir is looking to do this as a business and make 7 or 8
villas of the same type, he will face a problem. Can you tell me which?
Let me make this easy for you, it’s for the office interpreted room. The reason is
that it is the only room which he had interoperated with the dimensions and
model of the room he saw, so if they have already applied for a copyright before
him then the design is simply theirs. The grey area of such normally lies in the
details. Second floor swimming pool and a glassed backyard door are structural
templates but taking and implying the same dimensions which make the
construction alike is out rate copy. This is where everyone forgets the line. If
Sharma sir is fortunate, he will not get an infringement notice or more if the one
he took the idea from has not even applied his copyrights then he’s lucky.
But the one benefit of Mr. Sharma is that if anyone comes and looks at his
housing and tries to build commercial gated communities using his plans, he has
the right to make them stop the building of the community or even better get a
sizable amount for his design.
Ok this is on commercial buildings, lets get a little artistic. We all know in our city
where we go to OMR and see a lot of IT parks built in monumental stature.
Each of their buildings have a unique style, which also spreads a sense of
uniqueness to the company. And loads of money are being spent to make those
building unique. Normally all such monumental artistic works like the ZOHO
office, Tidal park, LIC buildings sets a trade make to the entire area. But they will
not come under the public monuments. A lot of people have the doubt about the
public monuments and the usage of those monuments in other artistical elements
like the cinematographic films. The public monuments do have one difference,
you can take pictures when kept in public display and even filming is allowed but
only if you use the artifact as a panorama of the shot and not as a content on its
own. Feel free to glance through the section 53-c of the copyrights of the artistic
work you’ll understand. But normally this is something that is always being
overlooked. personally, enough protection must be provided for the works of
architects. the purpose of including them in realm of copyright is defeated if they
go uncredited and with respect to featuring works of architecture in
cinematographic films, due credit should be given to architects for inclusion of
their work, if not more.
Seems simple isn’t it, I know there will be many Sharma’s out there knocking
doors of villas looking for ideas to build their own one. If you need any help in
handling the legal headaches that come with your creative ideas feel free to shift
those headaches to us and live calmly in your new house.
(click here for copyright, trademark, patenting queries)