Baker v. Selden – CB p. 90
•Enigmatic 1879 Supreme
Court decision
•Important for scope of
copyright protection in
architecture and computer
programs
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These are the lecture slides of Copyright Law. Key important points are: Enigmatic, Court Decision, Copyright Protection, Architecture and Computer, Extent of Protection, Articles, Copyright Act, Baker, Limitation, Typeface Designs
Typology: Slides
2012/2013
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Baker v. Selden – CB p. 90
• Enigmatic 1879 Supreme
Court decision
• Important for scope of
copyright protection in
architecture and computer
programs
Extent of Protection for Useful
Articles
- Copyright Act s. 113 has a limitation, inspired by Baker v. Selden, for the reproduction right in pictorial graphic and sculptural works in the context of useful articles. What is this limitation?
COPYRIGHTABILITY OF
ARCHITECTURE
- Seagram Building (Ludwig Mies van der Rohe and Philip Johnson – 1954-58) 375 Park Avenue (between 52/53d) New York City)
Michael Graves: Portland Public
Services Building 1980
COPYRIGHTABILITY OF
BLUEPRINTS PRE-
ARCHITECTURAL WORKS PRE
AWPA AMENDMENTS
- BUILDINGS
- PLANS
ARCHITECTURAL WORKS COPYRIGHT PROTECTION ACT OF 1990
- Why?
ARCHITECTURAL WORKS COPYRIGHT PROTECTION ACT OF 1990
- Law amended due to U.S.
ratification of Berne Convention
- Applies to...
What’s an “Architectural Work”
What’s an “Architectural Work”
- Definition in s. 101? - “the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.”
Is this copyrightable if built
after 12/1/90?
2 STEP TEST FOR COPYRIGHTABILITY
- (of architectural works)
- Are there original design elements present - including overall shape, interior architecture?
- If such elements present, are these functionally required? If not, then protectable.
Is a bridge copyrightable?