The Most Expensive Form Of Flattery

Architectural ideas are not protected by copyright law. The same goes for the individual design elements, like doors and windows, that are needed to make a building work. Standard layouts are not covered either, but home designs, in general, are. They are copyrightable in any tangible form including plans and actual buildings. Since December 1, 1990, section 102 of the Copyright Act, 17 U.S.C. has granted protection to the overall form and composition of such “architectural works”.

While bridges, boats, and trailers are not protected as “architectural works”, the architectural plans and technical drawings used to depict them are protected as, “pictorial, graphic, and sculptural works”. The “sculptural” part, really refers not to the plans so much, but to any part of the RV or bridge that can be called artful rather than utilitarian. In other words, something is protected as “sculptural” only to the extent that its artful qualities exist independent of its utility. [Read more]