The intersection of architecture and copyright law raises important questions about the protection of creative works in the built environment. As architects and designers invest significant time, effort, and resources into their creations, understanding the legal frameworks that safeguard their intellectual property becomes essential. This discussion examines whether architectural design drawings are protected by copyright, the rights of their creators, and the implications of these protections in the architectural field.
1. Are Architectural Design Drawings Protected by Copyright?
According to Article 4, Clause 2 of the Consolidated Document 11/VBHN-VPQH 2022, which consolidates the Law on Intellectual Property, copyright is defined as the right of organizations and individuals over works they create or own. Therefore, protecting copyright means establishing the copyright of the works they create or own. Article 14, Clause 1 of the same document outlines the types of works protected by copyright, including:
- Literary and scientific works, textbooks, curricula, and other written works;
- Lectures, speeches, and other oral presentations;
- Journalistic works;
- Musical works;
- Theatrical works;
- Cinematic works and similar creations (collectively referred to as cinematic works);
- Fine arts and applied arts;
- Photographic works;
- Architectural works;
- Diagrams, maps, drawings related to terrain, architecture, and scientific projects;
- Folklore literary and artistic works;
- Computer programs and databases.
Based on these provisions, architectural works are among the categories of works protected by copyright. Furthermore, Clause 10 of Article 6 in Decree 17/2023/ND-CP, which details the Law on Intellectual Property regarding copyright, states that architectural works protected by copyright include:
- Architectural design drawings for constructions or combinations of constructions, interiors, and landscapes;
- Architectural constructions.
From the aforementioned regulations, it can be confirmed that architectural design drawings are fully protected by copyright in accordance with legal provisions.
2. Copyright Rights of the Creator of Architectural Design Drawings
Article 18 of the Consolidated Document 11/VBHN-VPQH 2022 stipulates copyright rights, clearly defining that copyright for protected works includes moral rights and economic rights. Accordingly, the copyright of architectural design drawings encompasses both moral and economic rights. The copyright rights of the creator of architectural design drawings include:
Moral Rights:
- Right to Name the Work: The creator has the right to assign a name to the architectural design drawing. This right allows the creator to transfer the right to name the work to an organization or individual receiving the economic rights.
- Right to Attribution: The creator may be identified by their real name or pseudonym on the architectural design drawing and must be acknowledged when the work is published or used.
- Right to Disclosure: The creator can publish the architectural design drawing or permit others to do so.
- Right to Integrity: The creator has the right to protect the integrity of the architectural design drawing, preventing others from distorting, modifying, or truncating the work in any manner that could harm the creator’s honor and reputation.
Economic Rights:
- Right to Derivative Works: The right to create derivative works based on the original.
- Public Performance: The right to perform the work publicly, either directly or indirectly, through recordings or any technical means at locations accessible to the public, though the public cannot freely choose the time and specific parts of the work.
- Reproduction: The right to reproduce the work, in whole or in part, by any means or form.
- Distribution: The right to distribute, import for distribution to the public, through sale or other forms of transferring ownership of the original or copies of the work in tangible form.
- Broadcasting: The right to broadcast or disseminate the work to the public via wired or wireless means, electronic information networks, or any other technical means, including making the work accessible to the public at times and locations of their choosing.
- Rental: The right to rent out original or copies of cinematic works and computer programs, unless the computer program is not the primary object of the rental.
Note:
The economic rights of the creator of architectural design drawings are exclusively exercised by the author or copyright owner, who may grant permission to other organizations or individuals in accordance with the law. The copyright owner of the architectural design drawing cannot prohibit other organizations or individuals from:
- Copying the work solely to exercise other rights as stipulated by law.
- Temporarily copying through a technological process in the operation of equipment for transmission over a network between third parties, provided it is done legally and the copies are automatically deleted without recovery.
- Distributing or importing for distribution copies of the work that have already been authorized for distribution by the copyright owner.
3. Regulations on Copyright for Architectural Design Drawings:
According to Article 11 of Decree 17/2023/ND-CP, which details the Law on Intellectual Property regarding copyright, the copyright for architectural design drawings is defined as follows:
- The author is also the copyright owner of the architectural design drawing and enjoys the moral and economic rights mentioned above.
- If the author is not the copyright owner, they retain the following moral rights:
- Right to name the work, with the possibility of transferring this right.
- Right to attribution on the architectural design drawing when published or used.
- Right to protect the integrity of the work.
The copyright owner of the architectural design drawing enjoys the following rights:
- Moral Rights: The right to publish the work or authorize others to do so.
- Economic Rights: The previously stated rights (e.g., the right to reproduce the work).
The author and any organization or individual providing financial and technical resources for the creation of the architectural design drawing may negotiate terms regarding modifications to the work.
In conclusion, architectural design drawings are indeed protected under copyright law, ensuring that creators are granted specific rights that promote creativity while safeguarding their interests. This legal framework not only incentivizes innovation in architecture but also fosters a culture of respect for intellectual property. As the field of architecture continues to evolve, understanding and leveraging these protections will be crucial for architects and designers in navigating both creative and commercial landscapes.
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Dinh Phuong Thao