Archinect - News 2014-10-22T01:24:49-04:00 http://archinect.com/news/article/109563939/can-graffiti-be-copyrighted Can Graffiti Be Copyrighted? Alexander Walter 2014-09-22T14:05:00-04:00 >2014-09-23T12:52:47-04:00 <img src="http://cdn.archinect.net/images/514x/41/410a9c3e03e977239fc84201a3ee806e.jpg" width="514" height="483" border="0" title="" alt="" /><em><p>In July, Anasagasti hired a lawyer and filed a copyright-infringement lawsuit, accusing American Eagle of stealing his work and seeking monetary damages. If it sounds novel to apply copyright to graffiti art, that&rsquo;s because it is: Lawyers who work in this area say it&rsquo;s not clear anyone has ever tried this in court. Copyright law, as its name suggests, lays out the rules for when it&rsquo;s okay to copy something. But does it extend to art that's on public walls?</p></em><br /><br /><!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd"> <html><head><meta></head></html> http://archinect.com/news/article/104712141/copyrighting-cartography-with-fictional-places Copyrighting Cartography with Fictional Places Alexander Walter 2014-07-21T14:43:00-04:00 >2014-07-22T12:44:13-04:00 <img src="http://cdn.archinect.net/images/514x/e8/e813fa2a1dd932f39dfbd60662fa756c.jpg" width="514" height="437" border="0" title="" alt="" /><em><p>With all the time and energy cartographers spend preparing maps, it makes sense that they would want to protect their investment. One of the ways they do so &mdash; although they don&rsquo;t always admit it &mdash; is by including &ldquo;trap streets,&rdquo; deliberate mistakes added to maps to catch unsuspecting copyright violators. These may include fake streets, as the name suggests, but the term is also applied to other erroneous cartographic data included to embarrass those who might steal it.</p></em><br /><br /><!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd"> <html><head><meta></head></html> http://archinect.com/news/article/85753170/luis-barrag-n-homage-tweaks-vitra-the-copyright-owners Luis Barragán Homage Tweaks Vitra, the Copyright Owners Archinect 2013-11-04T12:16:00-05:00 >2013-11-11T21:20:29-05:00 <img src="http://cdn.archinect.net/images/514x/0c/0c2b9ac44eb6e826a643c1a5d5ef2e65.jpg" width="514" height="370" border="0" title="" alt="" /><em><p>After passing to the widow of Barrag&aacute;n&rsquo;s business partner, it was sold in 1994 to a wealthy Swiss couple, Rolf Fehlbaum, chairman of Vitra, the international furniture company and design museum, and the woman who was to become his wife, Federica Zanco, an architectural scholar. In the years since, Ms. Zanco has devoted her life to promoting Barrag&aacute;n&rsquo;s legacy. But her determination to keep the archive at Vitra headquarters near Basel has rankled many in Mexico...</p></em><br /><br /><!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd"> <html><head><meta></head></html> http://archinect.com/news/article/73642738/houston-court-awards-home-design-firm-1-3-million-in-architectural-copyright-case Houston court awards home design firm $1.3 million in architectural copyright case Archinect 2013-05-21T17:11:00-04:00 >2013-05-21T17:13:18-04:00 <img src="http://cdn.archinect.net/images/514x/aq/aqpenl4icbjo0svg.jpg" width="307" height="306" border="0" title="" alt="" /><em><p>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&rsquo;s copyrighted designs. Frontier&rsquo;s owner, Ronald Wayne Bopp, was also held personally liable for Frontier&rsquo;s activities. The amount of the judgment was based on the amount of profits Frontier earned from the sales of houses that infringed Hewlett&rsquo;s copyrights.</p></em><br /><br /><!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN" "http://www.w3.org/TR/REC-html40/loose.dtd"> <html><head><meta></head></html> http://archinect.com/news/article/67661567/design-law-charity Design Law & Charity Archinect 2013-02-15T18:53:00-05:00 >2013-02-20T09:48:19-05:00 <img src="http://cdn.archinect.net/images/514x/xl/xls2wnmn7t3dqu4m.jpg" width="514" height="301" border="0" title="" alt="" /><p> A few weeks ago <a href="http://archinect.com/news/article/66634129/apple-trademarks-design-of-its-retail-stores" rel="nofollow" target="_blank">we reported</a> that the USPTO granted trademark protection to Apple for aspects of its retail store designs (Reg. No. <a href="http://tess2.uspto.gov/bin/showfield?f=doc&amp;state=4007:952rgh.3.1" rel="nofollow" target="_blank">4277914</a> &amp; <a href="http://tess2.uspto.gov/bin/showfield?f=doc&amp;state=4007:952rgh.3.1" rel="nofollow" target="_blank">4277913</a>).</p> <p> <em>Image above, Reg. No. 4277913 (claiming color)</em><br><em>Image below, Reg. No. 4277914 (not claiming color)</em><img alt="" src="http://cdn.archinect.net/images/514x/59/59d91tf69ja4qspn.jpg" title=""></p> <p> While most architectural works don&rsquo;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.&nbsp; Since 1990 when &ldquo;<a href="http://www.copyright.gov/circs/circ41.pdf" rel="nofollow" target="_blank">architectural works</a>&rdquo; were first incorporated into our federal copyright regime, much has been written about its use and impact.&nbsp; Yet few architects have stopped to consider the role of design patents.</p> <p> But design patents aren&rsquo;t new.&nbsp; Architects in the US have relied on them for over a century to protect new, original, and ornamental designs for any article of manufacture.&nbsp; For example, Frank Lloyd Wright was granted numerous design patents on everything from <a href="http://www.google.com/patents?id=bEoCAAAAEBAJ&amp;zoom=4&amp;dq=ininventor%253Afrank%2520wright&amp;pg=PA1#v=onepage&amp;q&amp;f=false" rel="nofollow" target="_blank">chairs</a> to <a href="http://www.google.com/patents?id=nAByAAAAEBAJ&amp;zoom=4&amp;pg=PA1#v=onepage&amp;q&amp;f=false" rel="nofollow" target="_blank">desk</a> and <a href="http://www.google.com/patents?id=nQByAAAAEBAJ&amp;zoom=4&amp;dq=ininventor%253Afrank%2520wright&amp;pg=PA1#v=onepage&amp;q&amp;f=false" rel="nofollow" target="_blank">home</a> designs.</p> <p> <img alt="" src="http://cdn.archinect.net/images/514x/0p/0pegylz56ex4ax9h.jpg" title=""><br><em>Design ...</em></p> http://archinect.com/news/article/64639943/editor-s-picks-296-happy-gregorian-or-julian-calendar-new-year-s-day Editor's Picks #296- Happy (Gregorian or Julian calendar) New Year's Day! Nam Henderson 2013-01-02T01:22:00-05:00 >2013-01-15T09:12:33-05:00 <img src="http://cdn.archinect.net/images/514x/up/up6c9oxu67x2wxz4.jpg" width="514" height="566" border="0" title="" alt="" /><em><p>fschlem started a blog The Dirty South...The blog takes it name from a studio titled the "Dirty South," offered at the Georgia Tech. The studio was the brainchild of TVSDesign Distinguished Studio Critic Jennifer Bonner and it&rsquo;s goal was to look at the city of Atlanta through the filter of the rap ideology of east coast/ west coast/ dirty south, translated to the realm of architecture...Connely Farr thought "wow. really interesting idea for a studio..."</p></em><br /><br /><p> Just like last year, Archinect has begun the transition into the new year by reflecting back on the 2012 by sharing the most trafficked pages in Archinect's diverse online ecosystem, with a list of 12 top 12 lists for '12. As always, they listing the most popular pages from across the site, based exclusively on visits by unique page-views. Released so far are the <a href="http://archinect.com/news/article/64541821/archinect-s-top-12-news-for-12" rel="nofollow" target="_blank">12 most visited News posts</a> and <a href="http://archinect.com/news/article/64543225/archinect-s-top-12-features-for-12" rel="nofollow" target="_blank">12 most visited Feature articles during 2012</a>.</p> <p> <a href="http://archinect.com/features/article/64356800/archinect-s-12-top-12-for-12" rel="nofollow" target="_blank">Tomorrow the 12 top 12 BLOGS,BLOG POSTS and LIVE BLOGS&nbsp; will be announced</a>.</p> <br><p> <strong>News</strong><br> Michael Kimmelman reviewed the new Stedelijk Museum and reflecting on it&rsquo;s design asked "<a href="http://archinect.com/news/article/64208091/why-is-this-museum-shaped-like-a-tub" rel="nofollow" target="_blank">Why a tub?</a>" <strong>Thayer-D</strong> offered up a few guesses but then gave up and replied "<em>Why IS this museum shaped like a tub?</em>". <a href="http://archinect.com/orhan" rel="nofollow" target="_blank">Orhan Ayy&uuml;ce</a> added "<em>Building aside, it is a good museum with an excellent director, Ann Goldstein, who was a great curator here in Los Angeles Museum of Contemporary Art since the 80's. She is one of the best curators anywhere when it comes to conceptual art. Sh...</em></p> http://archinect.com/news/article/56118689/editor-s-picks-279 Editor's Picks #279 Nam Henderson 2012-08-28T12:02:00-04:00 >2012-10-16T16:56:23-04:00 <img src="http://cdn.archinect.net/images/514x/00/00fxyff33xggv3tm.jpg" width="514" height="772" border="0" title="" alt="" /><em><p>The American Institute of Architects (AIA) reported the July ABI score was 48.7, up considerably from the mark of 45.9 in June. Noticeably, the South was the only region reporting increase in design activity. el jeffe noted dejectedly "hard to get excited.i don't think that a slightly lessened decline in billing would be a rebound; the direction hasn't changed, just the rate of decline."</p></em><br /><br /><p> In <a href="http://archinect.com/features/article/55629733/student-works-performa_12" rel="nofollow" target="_blank">Student Works: PERFORMA_12</a> Archinect features&nbsp; an installation first installed at the entrance to the annual BEAUX ARTS BALL in Lexington, KY, and later reinstalled at The Land of Tomorrow (LOT) gallery, also in Lexington. The piece was completed during PERFORMA Studio ( an intensive research and fabrication studio run by professor Mike McKay) at the University of Kentucky College of Design. Archinect also interviewed Professor McKay.</p> <p> <img alt="" src="http://cdn.archinect.net/images/514x/00/00fxyff33xggv3tm.jpg" title=""><br> &nbsp;</p> <p> <strong>News</strong><br><a href="http://archinect.com/paul" rel="nofollow" target="_blank">Paul Petrunia</a>,&nbsp;highlighted the recent court decision that 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. <a href="http://archinect.com/news/article/55753518/lack-of-detail-no-reason-to-deny-copyright-protection-to-architectural-works" rel="nofollow" target="_blank">This decision was reached by the U.S. Court of Appeals for the Second Circuit regarding&nbsp; (Scholz Design v. Sard Custom Homes LLC, 2d Cir., No. 11-3298, 8/15/12)</a>. More specifically, over-turning the prior district-court decision the Court of Appeals found given the relevant case law, the...</p> http://archinect.com/news/article/55753518/lack-of-detail-no-reason-to-deny-copyright-protection-to-architectural-works Lack of Detail No Reason to Deny Copyright Protection to Architectural Works Paul Petrunia 2012-08-22T14:40:00-04:00 >2012-08-23T12:07:52-04:00 <img src="http://cdn.archinect.net/images/514x/tx/txwpna8q7kelfx2o.jpg" width="302" height="300" border="0" title="" alt="" /><em><p>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).</p></em><br /><br /><p> In a recent legal case issued by architecture firm Scholz Design Co., against builder Sard Custom Homes, it was confirmed that &ldquo;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.&rdquo;</p> <p> 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.</p> <p> Good news for architects!</p>