Copyright Law: The Latest Architecture and News

Architecture is a referential discipline. From ziggurats, machines for living, to contemporary biophilic high-rises designs, it is impossible to know whether ideas are genuinely novel or whether they have been conceptualized before. Artificial intelligence has ignited the conversation on intellectual property (IP) even more. As millions generate unique graphic work by typing keywords, controversies have arisen, specifically concerning protecting creative work and the Copyright of architects in their creations. Therefore, understanding the scope of what is protected helps determine whether licenses are sufficient, whether trademark registration's long road is worth it; or perhaps a graphic piece cannot be protected and belongs to the public domain.

Following two years of legal disputes, 2020 AIA Gold Medalist Marlon Blackwell and HBG Design have reached a settlement to their infamous Saracen Casino case. The award-winning firm claimed that it was responsible for the design of the Saracen Casino in Pine Bluff, Arkansas, however, HBG Design, a Memphis design firm who Blackwell brought into the project as architect-of-record was taking credit for it instead. After performing extensive design work from 2017 to March 2019 then being abruptly fired from the project, MBA sued HBG for "copyright infringement, attribution, tortious interference, breach of contract, and unjust enrichment".

Although the case was settled, the battle is yet another incident in the ongoing debate of intellectual property in architecture, and the legal implications between design architects and architects of record. 

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Startup UpCodes has created a free, searchable database of building codes, and the company is at the center of a lawsuit by the International Codes Council. The ICC writes the most widely used building codes in the United States, and they claim they have copyright over the codes and require a license fee for their use. UpCodes argues it is covered by the fair use doctrine, which permits some use of copyrighted material, but the ICC alleges its copyright and ability to raise revenue is being infringed upon. Central to the lawsuit is the question of whether the law can be copyrighted.