Copyright issues on the protection of architectural works and designs

Architects and engineers depend on copyright law to protect their original works. Copyright protection is automatic once a tangible medium of expression in any form of an innovative material, conforming the Copyright Designs and Patents Act 1988, is created. In terms of architectural works, they are protected as literary works (design drawings and plans) and as artistic works (the building or model of the building). The case law on the concept of “originality” however discloses that it may be difficult for certain artistic works of architecture to achieve copyright protection. Although copyright law provides automatic protection to all original architectural plans, the limitation is that it only protects the expression of ideas but not the ideas themselves. The purpose of this research is to explore how effective the UK’s copyright law regime is for protecting the rights and interests of architects in their works. In addition, the United States system of copyright law will be analysed to determine whether it provides more effective protection for architects and engineers with regard to architectural works. The key objective in carrying out this comparison is to compare and contrast the extent to which the two systems protect the rights and interests of architects against copyright infringement. This comparative analysis concludes by considering the possibility of copyright law reform in the UK.

Who owns the copyright of architectural works and designs?

Copyright protects the rights and interests of authors on their original works of authorship such as literary, dramatic, musical, artistic, and certain other intellectual works including architectural works and designs. It is automatic once a tangible medium of expression in any form of an innovative material, which conforms the Copyright Designs and Patents Act 1988 (CDPA 1988), is created. This includes the building, the architectural plans and drawings. There is no official copyright registry, no requirements on any fees need to be paid and they can be published or unpublished materials. Copyrights owners have the rights to control the reproduction, display, publication, and even derivation of the design. However, there are limitations on the rights of the copyright owners concerning copyrights infringements. Infringement of copyright is an unauthorised violation of the exclusive rights of the copyright author. Architects and engineers depend on copyright law to protect their works and design. Copyrights are protected on the arrangements of spaces and elements as well as the overall form of the architectural design. However, it does not cover the design of functional elements and standard features. Although copyright law provides automatic protection to all original architectural plans, the limitation is that copyright only protects the expression of ideas but not the ideas themselves. It can be argued that architectural drawings and design, including models are recognised categories of artistic works which are protected under the copyright law. This research investigates to what extent copyrights protect the rights and interests of the designers on architectural works and design.

Part load operation coefficient of air-conditioning system of public building

IPLV overall coefficient, presented by Air-Conditioning and Refrigeration Institute (ARI) of America, shows running/operation status of air-conditioning system host only. For overall operation coefficient, logical solution has not been developed, to reflect the whole air-conditioning system under part load. In this research undertaking, the running time proportions of air-conditioning systems under part load have been obtained through analysis on energy consumption data during practical operation in all public buildings in Chongqing. This was achieved by using analysis methods, based on the statistical energy consumption data distribution of public buildings month-by-month. Comparing with the weight number of IPLV, part load operation coefficient of air-conditioning system, based on this research, does not only show the status of system refrigerating host, but also reflects and calculate energy efficiency of the whole air-conditioning system. The coefficient results from the processing and analyzing of practical running data, shows the practical running status of area and building type (actual and objective) – not clear. The method is different from model analysis which gets IPLV weight number, in the sense that this method of coefficient results in both four equal proportions and also part load operation coefficient of air-conditioning system under any load rate as necessary.