Intellectual Property
Letter from the editor
By Seth Anderson, AIA
It is with great honor that I assume the responsibilities of Digest editor from the capable David Richards. I have served on the PMKC leadership group for about a year, and in that time I’ve been enthusiastic about the work done by AIA staff, the PMKC and our members in practice management. As Digest editor, I look forward to gathering and sharing articles that get to the core of practice management topics and help our readers become better business leaders.
This month’s digest topic is intellectual property. The first article, “Does Copyright Law Protect Your Architectural Design Concepts?” by architect and attorney Charlies R. Heuer, covers architectural copyright law basics, which will help the reader better understand the history of the Federal Copyright Act of 1976 and define terms used in the law. The article is a great refresher, even for those familiar with copyright law; however, the limits of protection might surprise some. Cheryl L. Davis provides her perspective on the importance of retaining the rights granted by copyright ownership in her article, “Why Maintaining Copyright of Your Architectural Work is Important.”
We often think of copyright as protecting us from the infringement of others, but as attorney David H. Bowser outlines in his article, “Protecting Yourself from Claims of Copyright Infringement,” copyright cuts both ways. Bowser outlines the basis for a copyright infringement claim and provides six concrete steps for architects to minimize their risk of being named in an infringement suit. And finally, Andrew Smith provides a case for registering your firm’s trademark in “Indispensable Tools – How Trademarks Build Better Brands.”
Intellectual property created as an architectural work is highly valued by architects. Understanding how the existing laws protect architectural copyright will help architects ensure that value is respected by others in our industry and reduce the chance that you infringe on, or are accused of infringing, someone else’s rights.
Features
Does copyright law protect your architectural design concepts?
By Charles R. Heuer, FAIA, Esq.
Since the late 1970s, applicable copyright law in the United States has protected original works of authorship fixed in any tangible medium of expression. This article serves as a basic primer on the nature and extent of protections offered by Copyright Law.
Why maintaining copyright of your architectural work is important
By Cheryl L. Davis
Your ownership of your copyright has more than theoretical legal value. While your copyright is yours to keep or give away as you like, if you don’t understand the value of what you have, you can’t strike the best bargain.
Protecting yourself from claims of copyright infringement.
By David H. Bowser
In 1990, Congress passed the Architectural Works Copyright Protection Act (AWCPA) to protect the intellectual property of architects. In order to minimize the chance of being accused of infringement, there are certain things you should understand about the scope of what is protected and certain steps you can take to protect yourself.
Indispensable tools – How trademarks build better brands
By Andrew Smith, Esq.
Trademarks, when coupled with recent advances in marketing and mobile technology, offer a practical and low cost tool for professionals in the field of architecture to protect their brand, capitalize on good will, distinguish themselves from their competitors and expand into new markets. The following contains a user-friendly overview on trademarks that outlines the benefits associated with obtaining a federal registration with the United States Patent and Trademark Office (USPTO).
Contribute to the Digest
The next issue of the Practice Management Digest will dive into “Greening Your Practice: Sustainable Business practices and easy ways to incorporate sustainability into your projects.”
We are developing the editorial calendar for the Practice Management Digest for the rest of 2017 and would like to hear from you. Some ideas include: pro-bono work/public interest architecture; presentation strategies; and tips for training employees. If you have topics related to practice management that you’d like explored or articles you would like us to consider, please contact Seth Anderson, AIA, at sanderson@ascentarch.com .
Related resources
Protect your design: Architectural copyright
By David Barker, Esq for the AIA California Council
Why and how do you register a copyright? What exactly is an architectural copyright anyway? Is it really worth it? David Barker says yes, and here's why. Read more »
Economically defeasible rights to facilitate information disclosure: The hidden wisdom of pre-AWCPA copyright
By Kevin Emerson Collins
Pre-AWCPA copyright minimizes the costs of intellectual property's access restrictions in a field in which copyright-induced incentives are arguably not needed to foster the production of expressive works.
Key contracting issues in digital practice design & construction
AIAU Course: 1.00 LU / HSW / RIBA
Learn how digital developments impact project communication, efficiency, and success in relation to Contract Documents protocols and provisions.
Contract Document Families
AIA Contract Documents are divided into nine families based on project type or delivery method. Understand these families to select the most appropriate standard forms for your project.