The Glenstone Museum and Architectural Legal Issues

Intellectual Property Relating to The Glenstone Museum: 

We asked Micheal whether Intellectual Property and lawsuits are common in his work, however we learned Intellectual Property is not a large focus for architects that work on projects like his.

Copyright infringement comes in many forms, and some instances of infringement are easier to prove than others.  One interesting question is if and when artistic inspiration derived from another’s copyrighted work amounts to infringement. One popular example is when Marvin Gaye’s estate sued Robin Thicke and Pharell Williams due to the similarity of “Blurred Lines” with Marvin’s song “Got to Give It Up”. In this popular case, Marvin Gaye’s estate was able to win the lawsuit due to substantial similarity, but that result was controversial in the music industry.  

Intellectual Property at The Glenstone Museum

Using the Glenstone Museum as an example, we asked Micheal about intellectual property protection within architecture. So if copyright infringement occurs, that would mean that one of the six rights of a copyright owner were infringed. Understanding the rights is crucial, since it regulates how architectural designs are legally protected and shared within the industry. 

We asked how AI could potentially impact intellectual property. Since AI could create a sketch of a building, it could create questions and problems of ownership. If AI tools are used to design buildings, it could lead to disputes over who holds the copyright to those designs: the architects, or the AI technology used. 

Circular 41: Copyright Protection for Architectural Works

Circular 41, issued by the US Copyright Office, explains the copyright protections for architectural works. This Circular provides guidance as to what is protected under US copyright law after the Copyright Act of 1990, which granted copyright protection to architectural works. Here’s a summary of some things that Circular 41 tells us: 

• Circular 41 explains that copyright in architecture includes the building’s design as shown in plans, drawings, or actual buildings, and it protects the design from unauthorized copying or derivative works. 

• The protection for architectural works does not protect functional elements or standard features, such as common shapes. 

• For a work to be protected, it must be original and must contain a bit of creativity. 

• Describes how architects can register their works with the Copyright Office. 

• In addition, the duration of copyrights is the life of the author plus 70 years, or for works made for hire, 95 years from publication or 120 years from creation, whichever is shorter.

What If There Are Similar Buildings to The Glenstone Museum?

Michael acknowledged that there are buildings that resemble the Glenstone Museum, but he felt proving copyright infringement in the type of architecture he practices is difficult. If another firm had copied their designs, he felt it would be extremely difficult to prove that the firm had done so, and Thomas Phifer and Partners could end up spending more money on litigation than they would receive. This highlights the challenges of enforcing architectural copyrights in some situations where buildings resemble one another.