Author-architect copyright interests in buildings: the view from Germany.

Lauterbach, Thorsten

Abstract

Since copyright law is territorial, what the law protects can differ between jurisdictions. In the UK and elsewhere, buildings can be protected as artistic works; however, an author's moral rights (e.g. to be named as the author, or protect the work's integrity) do not extend to architecture, unlike in many civilian jurisdictions. This piece discusses a recent dispute in Germany, which reaffirms that even comparatively minor or innocuous modifications made by a building's owner can contravene the author-architect's right to integrity, if a court finds them to unlawfully distort or mutilate the original work. The decision serves as an important reminder that it is necessary to engage with both copyright legislation and author-architects in certain jurisdictions.

Citation

LAUTERBACH, T. 2023. Author-architect copyright interests in buildings: the view from Germany. Construction law journal [online], 39(7), pages 411-416. Available from: https://uk.westlaw.com/

• Journal Article Type: Article
• Acceptance Date: Sep 1, 2023
• Online Publication Date: Nov 15, 2023
• Publication Date: Nov 15, 2023
• Deposit Date: Feb 27, 2024
• Publicly Available Date: Nov 16, 2024
• Journal: Construction law journal
• Print ISSN: 0267-2359
• Electronic ISSN: 0267-2359
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 39
• Issue: 7
• Pages: 411-416
• Keywords: Copyright; Moral rights; Architecture; Architects; Author-architects
• Public URL: https://rgu-repository.worktribe.com/output/2243322
• Publisher URL: https://uk.westlaw.com/