Copyright for architectural works

Architectural art is a long-standing art form that is increasingly rich and diverse in modern life. Architectural works are not only construction designs, they not only bring practical use value but also bring artistic values to the community. Architectural works are formed from the process of intellectual labor, contain the author’s own creative values. Therefore, architectural works are also an object of copyright protection. The issue of copyright protection for architectural works will be clearly explained by Copyright Vietnam in the article below.

1. In what form are architectural works protected?

In a simple way, architectural works can be design drawings, design models, perspective space tables or construction works. The most commonly seen architectural works are the constructions that we observe every day. However, from a legal perspective, the specific definition of architectural work has not yet been clearly defined in legal documents.

In Article 3 of the Law on Architecture, the concepts of “architecture”, “architectural design” and “architectural work” are construed as follows:

• “Architecture is the art and science, the technique of spatial organization, creating a sustainable living environment to meet the needs of people and society.”

• “Architectural design is the making of an architectural plan, expressing architectural ideas, architectural technical solutions in planning, construction, interior and exterior design and landscape architecture design documents. .”

• “Architectural work is one or a combination of works, work items built according to architectural ideas or architectural designs.”

According to the Intellectual Property Law, architectural works are one of the types of works protected by copyright (Article 14, Clause 1, point i). Decree 22/2018/ND-CP explained:

“Architectural works specified at Point i, Clause 1, Article 14 of the Intellectual Property Law are works of the architectural type, including:

a) Architectural design drawings of works or combinations of works, interiors or landscapes.

b) Architectural works.”

Thus, architectural works currently protected by copyright only include architectural design drawings of works or combinations of works, interiors, landscapes and architectural works.

2. Copyright protection for architectural works

Copyright in architectural works includes moral rights and property rights, which are clearly stated in Article 15 of Decree 22/2018/ND-CP and Articles 19 and 20 of the Law on Intellectual Property. In general, authors and copyright holders are subject to the following general rules:

• Authors and copyright holders have the exclusive right to exercise or permit other organizations and individuals to exercise their transferable moral rights and property rights prescribed by law. Organizations and individuals, when exploiting and using one, several or all of the above rights, must obtain the permission of the copyright owner and pay royalties and other material benefits (if any) to copyright holders, except for the non-commercial exceptions specified in Clause 3, Article 20, Articles 25, 25a, 26, 32 and 33 of the Intellectual Property Law. In case of making a derivative work that affects the integrity of the work, the written consent of the author must be obtained.

• Copyright owners do not have the right to prevent other organizations or individuals from performing the following acts:
  
  • Copy the work solely to exercise other rights under this Law; temporary reproduction according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or legal use of the work, without economic purpose stand-alone and copies are automatically deleted and cannot be restored;
  • Subsequent distribution, import for distribution of the original, copy of the work has been performed or authorized by the copyright owner for distribution.

In which, the author who is also the copyright owner will enjoy all moral and property rights under the copyright. In case the author is not concurrently the copyright owner, he/she shall enjoy some moral rights and the copyright owner shall enjoy the property rights and the right to publish the work.

2.1. Case 1: The author is concurrently a copyright owner who enjoys moral rights and property rights.

• Moral rights include:
  
  • Name the work. However, the author has the right to transfer the right to use the right to name the work to the organization or individual receiving the transfer of the property right;
  • Put your real name or pseudonym on the work; be given a real name or a pseudonym when the work is published or used;
  • Publish the work or authorize others to publish the work;
  • Protect the integrity of the work from being misrepresented by others; not allow others to modify or mutilate the work in any way that is prejudicial to the honor and reputation of the author.
    
• Property rights include:
  
  • Making derivative works;
    
  • Performing a work to the public, directly or indirectly, through phonograms, video recordings or any other technical means in a place accessible to the public but not freely chosen by the public. time and part of the work;
    
  • Copy directly or indirectly all or part of the work by any means or form;
    
  • Distributing, importing for distribution to the public through sale or other form of transfer of ownership rights to originals or copies of works in tangible form.
    
  • Broadcasting, communicating to the public by wire, radio, electronic information networks or any other technical means, including making the work available to the public in such a way that the public accessible at a place and time of their choosing;

2.2. Case 2: The author is not concurrently the copyright owner

Authors who are not concurrently copyright holders are entitled to the moral rights specified in Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law, specifically:

• Moral rights include:
  
  • Name the work. However, the author has the right to transfer the right to use the right to name the work to the organization or individual receiving the transfer of the property right;
    
  • Put your real name or pseudonym on the work; be given a real name or a pseudonym when the work is published or used;
    
  • Protect the integrity of the work from being misrepresented by others; not allow others to modify or mutilate the work in any way that is prejudicial to the honor and reputation of the author.
    
• Copyright holders are entitled to the rights specified in Clause 3, Article 19 and Article 20 of the Intellectual Property Law, specifically:
  
  • Publish the work or authorize others to publish the work;
    
  • Making derivative works;
    
  • Performing a work to the public, directly or indirectly, through phonograms, video recordings or any other technical means in a place accessible to the public but not freely chosen by the public. time and part of the work;
    
  • Copy directly or indirectly all or part of the work by any means or form;
    
  • Distributing or importing for distribution to the public through sale or other form of ownership transfer to originals or copies of works in tangible form, except for the case specified at Point b, Clause 3 of this Article;
    
  • Broadcasting, communicating to the public by wire, radio, electronic information networks or any other technical means, including making the work available to the public in such a way that the public accessible at a place and time of their choosing;

Above is the article “Copyright to architectural works”. We hope this article was useful to you.