Archinect - News

Houston court awards home design firm $1.3 million in architectural copyright case

2013-05-21T17:11:00-04:00

The jury in the United States District Court in Houston found that Frontier committed copyright infringement by constructing and marketing nineteen houses that infringed Hewlett’s copyrighted designs. Frontier’s owner, Ronald Wayne Bopp, was also held personally liable for Frontier’s activities. The amount of the judgment was based on the amount of profits Frontier earned from the sales of houses that infringed Hewlett’s copyrights.

Celebrated architect Santiago Calatrava told to pay for leaking roof

2013-04-18T13:48:00-04:00

A dozen years after Calatrava built the spectacular Ysios winery in the rainy Alava region of northern Spain, the building's dramatic, undulating roof continues to let in the damp. Now Domecq, the owner of the winery, has said it is fed up with the botched attempts of Calatrava's original builders at fixing the roof and wants money from them so that it can bring in fresh architects and engineers to design a new one.

Design Law & Charity

2013-02-15T18:53:00-05:00

A few weeks ago we reported that the USPTO granted trademark protection to Apple for aspects of its retail store designs (Reg. No. 4277914 & 4277913).

Image above, Reg. No. 4277913 (claiming color)
Image below, Reg. No. 4277914 (not claiming color)

While most architectural works don’t have the notoriety and consumer association necessary to obtain federal trademark protection, architects have long relied on copyright and design patents to protect their creations. Since 1990 when “architectural works” were first incorporated into our federal copyright regime, much has been written about its use and impact. Yet few architects have stopped to consider the role of design patents.

But design patents aren’t new. Architects in the US have relied on them for over a century to protect new, original, and ornamental designs for any article of manufacture. For example, Frank Lloyd Wright was granted numerous design patents on everything from chairs to desk and home designs.

Design ...

Pei Partnership sues National Slavery Museum for... get this... not getting paid for their services

2013-01-25T14:12:00-05:00

The National Slavery Museum, which was spearheaded by former Virginia Gov. Doug Wilder, never paid Pei for the architectural work. Pei says it is owed more than $6 million, money that the firm hopes to recoup in an eventual sale of the 38 acres. The slavery museum organization now owes more than $300,000 in delinquent real estate taxes to Fredericksburg. The city has begun the lengthy legal process of selling the land at auction to recoup the back taxes.

Special law for NFL stadium project unconstitutional, lawsuit claims

2012-08-30T20:14:00-04:00

A coalition of environmental activists and community advocates has mounted the first major legal challenge to a planned downtown [Gensler-designed] Los Angeles NFL stadium, filing a suit Thursday that says a state law intended to assist the project is unconstitutional.

Lack of Detail No Reason to Deny Copyright Protection to Architectural Works

2012-08-22T14:40:00-04:00

There is no requirement that architectural drawings contain sufficient detail to support actual construction in order to warrant copyright protection under Section 102(a)(5) of the Copyright Act, the U.S. Court of Appeals for the Second Circuit held Aug. 15 (Scholz Design v. Sard Custom Homes LLC, 2d Cir., No. 11-3298, 8/15/12).

In a recent legal case issued by architecture firm Scholz Design Co., against builder Sard Custom Homes, it was confirmed that “Copyright protection of a pictorial work, whether depicting a house, or a flower, or a donkey, or an abstract design, does not depend on any degree of detail.”

Initially, however, in a lower court, the judge decided in favor of Sard Custom Homes, the defendant, claiming the stolen designs were taken from drawings with insufficient detail. When Scholz Design appealed, a higher court dismissed the initial decision, in favor of the plaintiff.

Good news for architects!

Nice House, But Is It Legal?

2012-04-19T14:34:00-04:00

If you designed or built a home that met energy code just a few years ago, that same home will probably not be legal to build just a few years from now. Some might say it’s about time, while others may think it’s not a good idea to increase code requirements during a depressed housing economy.

AIA|LA Statement on Tragic Death of LA Firefighter

2012-02-28T17:35:00-05:00

Last week's LA Times article, "Architect of Hollywood Hills mansion damaged in fire, is charged in firefighter's death," stirred discussion, particularly among architects, as the individual who designed the home was not a licensed architect. Aside from requesting that the LA Times retract the word "architect" from the article, the [AIA|LA], in conjunction with [AIACC] Executive Vice President, Paul Welch, Hon. AIA, have released the following statement...

Previously: Architect charged for the death of a firefighter

Statement from AIA|LA...

Editor,

The recent Los Angeles Times article concerning the negligent activities of an individual purporting to be an architect, and how those activities resulted in the tragic death of Los Angeles Firefighter Glenn Allen, serve to remind us all that the profession of architecture is about much more than aesthetics.

The profession of architecture is carefully regulated in the state of California by the California Architects Board (CAB). While the title of "architect" is easily understood by the public, unfortunately, we find many examples of misuse of the term. Despite the Los Angeles Police Department, Fire Department, Building Department, and District Attorney's Office identifying Gehard Albert Becker as an architect, and Mr. Becker identifying himself an architect, a query of the California Architects Board's (CAB) records confirms that Mr. Becker is not, nor was he ever, licensed to p...

Hamburg sues over Herzog & de Meuron's pricey, late concert hall

2012-02-22T12:49:00-05:00

The city was initially prepared to contribute €77 million to the project – but this figure has since gone up by nearly five times to more than €323 million – more than half the expected €600 million total cost. And the original completion date of 2010 has been pushed back to 2014. The building’s designers had underestimated certain costs – such as an acoustic panelling for the main concert hall which cost five times as much as expected, adding more than €10 million to the bill.

Architect charged for the death of a firefighter

2012-02-15T16:23:00-05:00

[Gerhard Albert] Becker... built an 18-foot "fire trough" through the home despite being warned of the dangers it may cause. It was described as an oversize indoor fire pit. They said the attic was equipped with plastic pipes for fire sprinklers. The fire melted the pipes, flooding the attic and filling the insulation with water. The weight of the insulation appears to have caused a large section of the ceiling to collapse, injuring Allen and five other firefighters,

This seems to be a case of incompetence and stupidity tied to trying to save a few pennies. PVC pipe for fire sprinklers - might as well revoke his license already. But how can an architect afford a 12,500 sf house in the Hollywood Hills?

oh, 'The home was intended for use in a reality show for German TV starring Heidi Klum in a knockoff of "America's Next Top Model."'

Even better, Becker was arrested at LAX on Feb 11th...

Rape victim sues architect, contractor

2011-11-23T20:02:13-05:00

The victim, who was 17 at the time, suffered brain damage in the attack, is blind, and can't eat, walk or stand up without help. In the suit filed Nov. 14 in Hillsborough County, her family says the design and construction of the library, built in 2005, contributed to the attack.

Jail break: Utah County suing architect for $1.35 million

2011-05-22T19:53:57-04:00

The drawings and specifications submitted by GSBS Architects contained “numerous safety, security and functional defects, including but not limited to Defective Work,” according to the suit filed Monday in state court in Provo.