A building design (including not only the drawings but also the constructed building) is protected by copyright under the Architectural Works Copyright Protection Act. The Act protects:
“[T]he design of a building as embodied in any tangible medium 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.”
To be protected, the structure must be habitable by humans. The building must be both permanent and stationary, such as a house, office building, concert venue, school, or stadium. Structures other than buildings are not eligible for copyright protection as an architectural work.
Some examples include roads, bridges and dams. Similarly, copyright does not include the individual standard features, such as windows, doors, and other fixtures. Design elements that are functionally required are also not eligible for copyright protection.
Why Should You File for Copyright Protection of Drawings?
A work is automatically protected upon creation. From the moment, the drawings are created, the copyright is owned by its author. While many architects add © to their drawings – which is a good idea because it provides notice to others that a copyright is claimed – the © notice is not required to copyright the drawings. The work is automatically copyrighted, but it is not registered merely by adding ©.
By why register? Because you created and own the intellectual property which no one will know if the drawings are not registered. In addition, if you register your design BEFORE the plans have been infringed, you may recover either damages set by statute (which can range for $200 to $150,000 for each act of infringement) or actual damages (your fee and the profit of the infringer). In addition, if you register the drawings before someone infringes upon your copyright, you can recover attorney’s fees in prosecuting your infringement claim. Having the infringing party liable to pay your attorney’s fees can often lead to an early settlement. To register the work go to https://www.copyright.gov/. Although processing is somewhat slow (approximately 8 months for online filing), the registration fee is relatively inexpensive ($35) and easy. Your education and creativity deserve protection.