Chapter 28 - § 28.4 • COPYRIGHT LAW

• Jurisdiction: Colorado

§ 28.4 • COPYRIGHT LAW

Copyright law, which is exclusively derived from federal statute, protects creative expression in a wide variety of forms, including literary works, computer software, musical works (the lyrics, the musical score, and the sound recording of the work), dramatic works, pantomimes and choreographic works, pictures, graphics of any type in any medium, sculptural works, photographs, videos, and motion pictures.¹⁹ As explained in more detail below, copyright protection also extends to certain aspects of construction drawings, computer-aided design (CAD) files, design renderings and models, blueprints, and even non-functional ornamental features of a permanent structure.

For works covered by copyright protection, the author, who is the independent contractor or employer, if the work is created by an employee in the course of his or her employment, can not only prevent the copying of his or her work, but can also prevent the distribution of copies or the making of derivatives of the original work. In addition, copyright law permits the author to prevent the public performance or public display of a work.

Under the copyright law, a work is automatically protected by copyright the moment it is created and fixed into a physical form. Neither registration nor publication is required for copyright protection. The use of a "copyright notice" - ©[date] [name of author] - while still a good idea, is not required as a prerequisite to protection.²⁰

§ 28.4.1-Copyright Protection in Architectural Works

Of most interest to the construction industry is that copyright protection extends to architectural drawings, sketches, and plans, including site plans and construction documents.²¹ In addition, in 1990, amendments to the Copyright Act, known as the Architectural Works Copyright Protection Act (AWCPA), extended copyright protection to buildings themselves, if they were constructed after 1990.²² Buildings are defined as structures that are habitable by humans and intended to be both permanent and stationary, such as houses, office buildings, stadiums, churches, museums, gazebos, and garden pavilions.²³ Protection does not extend to structures other than buildings, such as bridges, highway features, dams, and walkways, and it does not extend to movable structures, such as recreational vehicles, tents, mobile homes, boats, or trade show booths.²⁴

Put simply, the building and construction industry implicates many forms of original expression that are protected by the copyright laws. Designers, architects, photographers, and many others must create protectable expression in many forms to bring a project to completion. Documenting and remaining mindful of who owns the copyrightable expression is important throughout in the conceptualization, design, drawing, or construction process. Replacing architects, designers, or other copyright owners during any stage of a development or building project can be complicated if these rights are not clearly understood.

§ 28.4.2-Limitations to Copyright Protection

The copyright law generally, and particularly the copyright law as it extends to architectural works, has significant limitations:

• Works that have not been fixed in a tangible form of expression - for example, verbal descriptions or presentations - are generally not protectable.
• Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices. Methods of construction, for example, are not protected under the copyright law, although as described previously in this chapter, such methods can be the subject of patent protection.
• Works consisting entirely of information that is common property and containing no original authorship - for example, standard calendars, height and weight

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