Copyright in Construction Sector: A Comparative Overview

Abstract

Copyright is an exclusive monopoly right of an author/creator of copyrightable work, to copy, dispose of the work and prevent others from exploiting the work. Copyright plays an important role in protecting intellectual right in architectural works, BIM models, technical design documents, blueprints, renderings (2D, 3D images), elevations etc. Often people apply for protection under design law, unaware of the fact that they can enjoy copyright protection under copyright statute even without registration.

This research paper is an attempt to analyse application of copyright law in construction sector. Paper contains comparative analysis of copyright protection in construction industry and comparative analysis of practical challenges in protection of copyright in architectural work and limitations (for e.g. Freedom of Panorama /public place limitation) on copyright in construction sector. Author has also provided brief account of relevant judicial pronouncements on essentials for copyright, need for protection of copyright, and conflict between proprietary rights of owner and copyright of author/architect. Author has also proposed the test of reasonable necessity to address the conflicting interest of building owner and copyright holder.