Can you Copyright A Building?

Copyright is a legal concept applied to creative works such as visual art, writing, film, music, and other artistic creations. What about Architecture? Architecture is often considered an art, so is it copyrightable? If so, what parts? The drawings? Models? Construction documents? Or the buildings themselves?
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Video Chapters:
00:00 Introduction
01:00 Copyright Legal Basics
02:04 Copyright in the United States
03:29 Copyright, Patents, & Trademarks
04:09 How does Infringement work?
05:54 Oravec v. Sunny Isles Luxury Ventures
07:23 Copyright in Canada
07:51 Lainco Inc v Commission Scolaire Des Bois-Francs
09:42 Copyright in China
10:28 Can you photograph a building?
11:44 Conclusion
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Images and Music Credits: docs.google.com/document/d/16...
Sources & Further Reading:
[1] Architect Magazine - Too Close For Comfort: A high-profile copyright infringement case shows how courts think about architecture: www.architectmagazine.com/pra...
[2] USGNN - Architect Says SOM Ripped off His Design for One World Trade Center: www.usglassmag.com/2017/06/ar...
[3] William Fisher - Illustrations for Shine v. Childs: cyber.harvard.edu/people/tfis...
[4] Case 1:17-cv-04473 Document 1: www.courthousenews.com/wp-con...
[5] Courthouse News Service - Designers of Freedom Tower Hit With Copyright Action: www.courthousenews.com/design...
[6] Berne Convention for the Protection of Literary and Artistic Works: www.wipo.int/treaties/en/ip/b...
[7] Contracting Parties Berne Convention: wipolex.wipo.int/en/treaties/...
[8] US Constitution Article I Section 8 Clause 8: constitution.congress.gov/bro...
[9] Copyright Act 1909 www.copyright.gov/history/190...
[10] Architectural Works Copyright Protection Act: www.copyright.gov/circs/circ4...
[11] Florida Bar Journal - The 11th Circuit New Copyright Standard for Architectural Works: web.archive.org/web/202011260...
[12] Wired - Apple Store Receives Trademark for 'Distinctive Design and Layout’: www.wired.com/2013/01/apple-s...
[13] AIA - Understanding the scope of architectural copyright protection: www.aia.org/articles/26591-un...
[14] National Law Review - Architectural Copyrights: No Need to Pay the Troll Toll www.natlawreview.com/article/...
[15] Yale Daily News - Freedom Tower suit resolved: yaledailynews.com/blog/2006/0...
[16] Park v. Skidmore, Owings & Merrill LLP (1:17-cv-04473): www.courtlistener.com/docket/...
[17] Oravec v. Sunny Isles, 527 F.3d 1218, 1220 (11th Cir. 2008) casetext.com/case/oravec-v-su...
[18] Canada - Copyright Act laws-lois.justice.gc.ca/eng/a...
[19] Décisions de la Cour fédérale - Lainco Inc. c. Commission scolaire des Bois-Francs: decisions.fct-cf.gc.ca/fc-cf/...
[20] McMillan - The Kick that Got the Ball Rolling: Copyright in Architectural Works is Gaining Traction in Canada: mcmillan.ca/insights/the-kick...
[21] ArchDaily - Zaha Hadid Seeing Double in China: www.archdaily.com/313492/zaha...
[22] BBC - China 'copycat' buildings: Government clamps down on foreign imitations: www.bbc.com/news/world-asia-c...
[23] The Courtroom - Do Pictures of Famous Buildings Violate Copyright? web.archive.org/web/202111200...
[24] Culture Trip - Why It’s Illegal to Take Pictures of the Eiffel Tower at Night: theculturetrip.com/europe/fra...

[@359339]

The research and editing in this video is next level

[@ArchOfWinter]

In the Spider Man games for Playstation 4 & 5, they didn't get the rights to use the Freedom tower, so they used a different design for it. They actually modeled it for the game and was in an earlier build, but the developer couldn't get the rights to it and had to change it last minute. But they managed to get to use the runner up design and replaced it for the final game. Interestingly, some other iconic buildings in New York City is trademarked but not copyrighted since they are too old to do so. The game dev still have to get permission to use the Empire State Building and the Chrysler Building.

[@MAlanThomasII]

As an actual copyright expert (although not a lawyer), I think this is a good primer and I'm going to add it to my copyright playlist. I might have tweaked some of the wording to avoid certain implications that might give someone the wrong impression about details you're not going into, but even other experts I've worked with (who _are_ lawyers, and smarter than me) don't always think as closely about the nuances of speech as I do, and everything you're trying to cover you do well. Also, nice shoutout to France's lack of Freedom of Panorama at the end; I hate places that don't have Freedom of Panorama. (France's privacy laws mean that it's difficult to get a picture during the day if a tourist might be recognizable in it, too.)

[@natellazadeh]

Not quite related but so happy to see you back here and if you can pleaseee upload more videos. We need more art understanding

[@freschi9934]

Thx Tom Scott 4 Years ago making me aware of this grandiose Channel.

[@mielole]

> says that you shouldn't use photographs of the Eiffel Tower at night for a commercial purpose > uses videos of the Eiffel Tower at night as b-roll in a monetized KZbin video (/jk she probably paid for them on a stock video site)

[@ARTiculations]

Yes I did pay for it lol. Did not want to get suuuued. 😂

[@darriansea]

This video is so concisely packed with information in a fast pace that keeps it really engaging the whole time. I loved this so much

[@poetryflynn3712]

I love this channel. It always makes me happy.

[@ARTiculations]

Aww thank youuu so much 😊

[@AileTheAlien]

I learned how to stare at art for the proper amount of time because of this channel! The thinking! The emotions! XD

[@95GuitarMan13]

Amazing. This is a topic I got randomly interested in a few months ago and it's not the first time you've come out with great content just when I'm looking for it. Thanks for everything you do!

[@KannikCat]

"Of course, it's most famous for being..." Me: "A muted replacement for the original and design by Libeskind?" "...part of a complex memorializing 9/11." Me: "Oh that too." Ah, the perils of being an architect. :P In all seriousness though, thank you for the overview! I learned a bunch about where the, admittedly still very fuzzy, lines are drawn for copyrighting the design of a building. Also appreciated the examples from both the USA and Canada. Nicely done! :)

[@AkiSan0]

i would say that the features themselves arent, but if you start combining multiple in a certain order it can. same with you cant copyright single paints or painting techniques, but the outcomes of those. edit: CR towards structural/integral features is getting into the stupidity realm. as with art, it should stay within the art section, if it starts serving a purpose it is (imho) closer to a patent case.

[@Kievlar]

Hey, I miss your videos! Great seeing you again.

[@kaitlyn__L]

So great to see a new video from you! Been wondering how you’d been doing!

[@mr51406]

Very interesting and beautiful video. 🌟 And definitely I see the love and hard work you put into it.

[@SylvainMenard]

As always, a great video. Thanks!

[@robertclarkson6064]

Thank you! Very interesting and informative. Thanks for your hard work.

[@fiverZ]

Excellent video 👍

[@danielparent6126]

Thanks

[@ARTiculations]

Thank you so much Daniel!! Really appreciate your support 😊💕

[@danielparent6126]

Very well researched.

[@mariahamilton5305]

Interesting, as only last week I walked through Churchill village in Oxfordshire, and did a double-take at the church tower - which is a faithful 2/3 scale copy of the tower of Magdalen College Oxford. However the latter is hundreds of years older, so copyright, even if the copy had been done today, would not have applied...

[@martijn3015]

If you built something like the London Glass Firestarter then yes I believe so.

[@Codangerz]

Yasssssssssssss ☺️

[@friz1062]

Nice video. We should just cross our fingers and hope that we never recive a copyright claim on our works because we made by accident something similar to an unknown project.

[@AileTheAlien]

The only true protection is to consult with a lawyer! ^^;

[@weareallblinded]

👍

[@reddcube]

So the lighting installation copyrighted in general or only when it is on the Eiffel Tower?

[@ARTiculations]

Theoretically lighting installation is under copyright everywhere in France until 70 years after the original creator dies. However in order to enforce it the creator would need to prove their design is not just a functional installation composed in standard ways and has a degree of creativity the courts deem worthy of copyright.

[@illiakobzar3104]

1:45 Where is she typing?

[@lesleydestin9932]

ᴘʀᴏᴍᴏsᴍ 👊

[@marble296]

Good video yaay