A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. In this judgment, the Spanish Supreme Court ruled on the concept of originality in respect of architectural works, and for the first time established clear and specific guidelines for applying copyright…
The Spanish Supreme Court has recently ruled on the concept of originality in respect of architectural works, and for the first time has established clear and specific guidelines for applying copyright protection to works of this nature. The situation which gave rise to the proceedings is very common in the architectural sector. An architect (the…
A full report of this case has been published on Kluwer IP Law. The Supreme Court held that in order to decide whether there has been an infringement of the personality rights of an architect by modifications to his work, it is necessary to establish the degree of intensity of relationship between the architect and…
The Supreme Administrative Court held that pursuant to § 2, para. 9 of the Law on Copyright and Related Rights (LCRR), permanent objects that represent the synthesis between architecture and other arts should be regarded as works of architecture. Under Article 12, para. 2 of the LCRR, copyright in a work of architecture, created after…
The relationship between copyright and public art has always been difficult. From the initial reluctance to include architectural works as copyrightable subject matter because of their functional dimension, to the attempt at copyrighting works that, like the Egyptian pyramids, have never been protected (see here), passing on through the cases of “duplitectural marvels”. Moving beyond…
