Regulations on Copyright for 3D Architectural Models

3D architectural models are increasingly popular in the design and construction field, becoming an important creative asset for architects, construction companies, and design firms. However, the unauthorized copying of 3D models is also becoming more common, causing significant economic and reputational damage to owners. Therefore, understanding the legal regulations on copyright for 3D architectural models, protected rights, and penalties is essential for every organization and individual to effectively protect their intellectual property.

What is a 3D architectural model?

A 3D architectural model is a product created using professional design software such as SketchUp, 3ds Max, Revit, Lumion, Blender, Rhino, etc., to recreate architectural spaces and buildings in the most visual, vivid, and realistic form possible. Through this model, viewers can accurately visualize the overall structure, design details, and style of the project before actual construction begins.

A 3D model typically simulates:

• Overall architectural space: form, layout, proportions, and functional areas within the building.

• Building structure and construction: ceilings, floors, walls, columns, stairs, lighting systems, and engineering.

• Interior and exterior design: furniture, materials, lighting, colors, and exterior landscaping.

• Floor plans, perspectives, and surrounding landscape: gardens, internal roads, trees, and urban landscaping.

3D architectural models can be presented in various formats depending on the needs:

• Original model files: SKP, MAX, OBJ, FBX, RVT, BLEND…

• Static rendered images: high-resolution interior and exterior perspectives.

• Video – animation walkthrough: a virtual tour video of the space.

• 3D printed models: for display and project presentation.

More than just illustrations, 3D models showcase the creative intelligence, design thinking, modeling techniques, and artistic style of the creator. Therefore, they are considered valuable intellectual property that needs to be protected from unauthorized copying and use.

Are 3D architectural models protected by copyright?

According to Point g, Clause 1, Article 14 of the 2022 Intellectual Property Law, works protected by copyright include: “Architectural works; blueprints, drawings, plans, diagrams, building designs, building models.”

Thus, 3D architectural models are considered a form of architectural work and are protected by copyright law.

Conditions for 3D model protection:

• Created by the author

• Possesses a certain level of originality

• Expressed in a tangible form (3D file, print, render, etc.)

Additionally, copyright protection is automatic and does not depend on registration. However, registering copyright for a 3D model provides the strongest evidence in case of disputes.

3D models not protected under Article 15 of the 2022 Intellectual Property Law:

• Models copied from another person’s original work

• Models recreated based on published products without any new creative elements

• Models recreated by AI but excessively duplicated with copyrighted models

What does copyright for 3D architectural models include?

According to Articles 18, 19, and 20 of the 2022 Intellectual Property Law, the owner of a 3D model has both moral and property rights.

Personal Rights:

• Right to name the model

• Right to be named when publishing or using the model

• Right to publish or authorize publication

• Right to protect the integrity of the model, prohibiting unauthorized modification or cutting and pasting

Personal rights are attached to the author and are non-transferable (except for the right to publish the work).

Property Rights:

The owner of a 3D architectural model has the exclusive right to:

• Copy the model

• Distribute and communicate it to the public

• Rent or license its use

• Create derivative works

• Conduct business or use the model in commercial contracts

Any organization or individual using the model without permission is considered to be infringing.

Acts and penalties for copyright infringement of 3D architectural models

According to Decree 17/2023/ND-CP, the unauthorized use of 3D architectural models may be subject to severe penalties.

Below are the most common violations:

• Copying 3D models without permission: Copying the original file or recreating a model that is 70-90% similar constitutes infringement. The administrative fine is 10-30 million VND (Article 19 of Decree 17/2023).

• Using someone else’s 3D model for construction or bidding. Many companies use demo models from architects for construction or bidding. The fine is 30-40 million VND if used illegally for publication, distribution, or advertising (Article 20 of the Intellectual Property Law).

• Modifying 3D models without permission: This includes inserting logos, changing colors, or attaching them to other projects. The fine is 40-60 million VND for infringement of personal rights (Article 21 of the Intellectual Property Law).

• Using 3D models downloaded from free libraries without complying with the license. Many free models are licensed for personal, non-commercial use only and require attribution. Failure to comply is still considered copyright infringement. Fines range from 10 to 30 million VND depending on the offense.

• Civil damages compensation: In addition to administrative fines, violators must also compensate according to Articles 204-205 of the Intellectual Property Law: material damages (lost revenue), moral damages, and profits earned by the infringing party. Compensation can amount to hundreds of millions of VND, especially for architectural models of real estate projects.

The above is VCD’s sharing on “Regulations on copyright of 3D architectural models“. If you need more detailed advice on the documents, procedures, and process of registering copyright for 3D architectural models, VCD is always ready to assist you in protecting your creative work quickly and effectively.

Sincerely,

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