![]() ![]() Everything else in the work, the history it describes, the facts it mentions, and the ideas it embraces, are in the public domain free for others to draw upon. ![]() The court noted that: A fundamental rule of copyright law is that it protects only “original works of authorship,” those aspects of the work that originate with the author himself. The Second Circuit noted that architectural works are protected under US copyright law. He claims that the defendants copied “the overall size, shape, and silhouette of his designs as well as the placement of rooms, windows, doors, closets, stairs, and other architectural features.” He also claimed that defendants violated the Digital Millennium Copyright Act (DMCA), which prohibits, among other things, “intentionally remov or alter any copyright management information.” The trial court eventually partially dismissed his complaint, and Zalewski appealed. architectural drawings Zalewski sued in federal court for infringement of his copyright in his original designs. According to Zalewski, the defendants continued to build homes using his designs, or based on his designs, after his license to them expired and without his consent. He granted defendants TP Builders and Cillis Builders licenses to use several of his designs for Colonial-style homes. In the 1990s, plaintiff James Zalewski was self-employed as an architect. Court Upholds Ruling of No Copyright Infringement for Architect’s Drawings The Second Circuit Court of Appeals upheld a district court’s ruling that a New York architect did not have his copyright infringed when companies he licensed his drawings to, and their contractors, built houses based on his designs after the licenses expired. Often, there is confusion around the interpretation of what is and is not protected under US copyright law.Ĭonsider the case of architect, James Zalewski who felt his copyrighted designs for Colonial-style homes were infringed when companies he had previously licensed his drawings to, had expired. When someone reproduces, distributes performs, publicly displays or makes a derivative work without the permission of the copyright owner, infringement has occurred. No registration is required, although there are important advantages to registration. This protection is available for both published and unpublished works.Ĭopyright protection exists from the moment a work is created in fixed form. Copyright protects “original works of authorship” fixed in a tangible medium. We expect a lot from ourselves, and we believe our clients should too.In order to answer that question, it must be clear what, exactly, a copyright is. Our lawyers have extensive knowledge and experience in the industries we serve, and we collaborate with our clients and with one another to ensure that our clients are being served in a manner to exceed expectations and deliver results. Our objective is to become a stakeholder in your organization to provide the level of service of an in-house corporate counsel with the capacity and proficiency of a full-service law firm. For more information call 412.261.1600 or visit us at -Īs a client of our firm, we believe your interests are best served through our understanding and appreciation of your goals and challenges, gained through full integration with your business. Headquartered in Pittsburgh, PA, Leech Tishman also has offices in Chicago, Los Angeles, New York and Wilmington, DE. Insurance Coverage & Corporate Risk Mitigation We combine a deep understanding of our clients and their businesses with skilled legal counsel to find solutions. Leech Tishman is a firm dedicated to providing full-service commercial legal services to individuals, businesses, and institutions.
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