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Copyright and Intellectual Property in Architecture - Term Paper Example

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Name Subject Date Copyright and Intellectual Property in Architecture. Copyright falls under an area of law known as intellectual property which is the general name given to the laws covering patents, designs, circuit layouts, trade marks, plant breeder's rights and copyright…
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Copyright and Intellectual Property in Architecture
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Download file to see previous pages The trial court used the three year statute of limitations to terminate the grievance on the grounds that the architect should have learnt the basis for its grievance and marched in to the courts much earlier than it had done. On petition, this ruling was overturned. The court established that there was no steadfast evidence hence convincing the trial judge to decide that the architect was on notification of the supposed copyright infringement preceding the passing of the legal period. Moreover , the court revised the AIA contract treaty and ruled that there were no grounds for establishing that the architect’s ideas were “work for hire” or that the development proprietor had any under contract founded copyright importance in the architect’s ideas. A closure agreement among the parties also considered the usage of the ideas and was a vital contemplation by the court. In Warren Freedenfeld Associates, Inc. v. McTigue et al., 531 F.3d 38 (1st Cir. 2008), a veterinarian hired an architect to scheme the design of a veterinary hospital. The contractual agreement that was applied for this purpose was an AIA deed. Even though the court does not outline which specific AIA document was applied, it is probable that it was B 141 (1987) meanwhile the court refers to Article 6 as relating to tenure of documents. When it comes to architectural documents Copyright can be described as property that is founded on a person’s creative skill and labour. The copyright law was created to protect the original architect’s work from unauthorized use and to ensure the the originality of the creation is maintained at all times. Copyrights are physically intangible however they grant an unoriginal user the rights to copy or to publish the original work to facilitate communication to the public. Architectural copyrights are governed by certain Copyright acts. Architects who own Copyrights have exclusive economic rights that vary according to the different types of works and other subject-matter protected by copyright. This differentiates the various forms of works which are normally protected by copyrights. For instance in the literary, dramatic or musical works category the rights granted to the creator may include the right to reproduce the work e.g. making recordings like films or albums. They might also be granted the right to publish their work and also the right to perform their work in public through concerts. In the case of artistic works the creator has the right to reproduce the work in material form or can communicate the work to the public via electronic forms. Besides the economic rights, there exists moral rights which apply to all works and are derived from the French droit moral which include the right to integrity of authorship, the right to attribution of authorship and the right against false attribution of authorship. Moral rights endure for the term of the copyright but it should be noted though, that an author's right of integrity of authorship in respect of a film is limited to the author's lifetime. Transmission of copyrights Copyright can be dealt with in the same way as other forms of personal property. It can be assigned, licensed, given away, sold, left by will, or passed on according to the laws relating to intestacy or bankruptcy. This does not apply to moral rights whic ...Download file to see next pagesRead More
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