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Construction Law for Copyright Claims and Defenses

Copyright Claims and Defenses in the Construction Context

"What do you mean, they're YOUR drawings?" That question is often asked - and the answer is frequently discomforting.

The principles of architectural copyright law are often counterintuitive. Original authors have great powers, but those powers can be lost by contract (or, in some cases, by conduct). The damages and other relief available to copyright holders can appear extreme (especially to a "defendant") - and can even include all the profits attributable to an infringement. That combination makes it absolutely essential that each member of the building team understands who owns what project-related intellectual property - and what must be done to assert rights or to defend against claims of infringement.

Our firm's unique expertise in this area draws from our combined understanding of the role of the designer and the contractor and the design professional's responsibility for the life, safety, and health of the public - and over a decade or research and scholarship in this fascinating (and rapidly expanding) area of copyright law.

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