The Invisible Web: The Theoretical, Economic and Physical Impact of Copyright Law on Originality in Architecture and the Built Environment

Abstract

Many legal restrictions and regulations affect the built environment, but perhaps none are so influential as the vehicle of law, which exerts a powerful yet invisible web of requirement and restraint on all aspects of construction. A five-year international research program into the interface between the disciplines of law and architecture has recently focused on the field of copyright laws, statutory enactments which protect an author’s ideas from unauthorized use. While ostensibly a positive development in the creative realm which strengthens the rights of authors (including architects and designers) over their original ideas, research indicates a number of potential shortcomings and pitfalls not initially intended nor anticipated by the controlling legislative bodies. This paper explores the unforeseen outcomes of the enactment and enforcement of copyright laws in six countries. It examines the theoretical implications of copyright in fields as divergent as contextualism, historic preservation, arts and music, artificial intelligence and moral rights. Secondly, it addresses practical issues of implementation such as contracts, codes and a plethora of legal cases which have found resolution in the courts, with significant economic impact. Finally, the paper analyses the physical consequences of copyright enforcement, highlighting the power of the invisible web to shape the individual and collective construction of buildings, from the basic house to the broader urban environment.

Presenters

Robert Greenstreet
Professor and Dean Emeritus, Architecture, University of Wisconsin Milwaukee, Wisconsin, United States

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

Constructing the Environment

KEYWORDS

Regulation, Law, Copyright, Originality, Architecture, Urban Environment