Design Copyright in Architecture, Engineering, and Construction Industry: Review of History, Pitfalls, and Lessons Learned

Abstract

Innovation and technological developments are integral parts of the architecture, engineering, and construction (AEC) industry. While AEC practitioners strive to have unique projects, there is a concern about the unauthorized use or reproduction of their designs. Architectural drawings have been recognized as intellectual property by US copyright law, and if an architect follows the proper procedures for their registration, the designs would have protection against unauthorized use. Copyright infringement can happen either deliberately or unintentionally and typically involves protracted motions by the plaintiff and the defendant. Having a more collaborative process in the design holds the potential for more issues regarding ownership of the intellectual property of the design. Therefore, by moving into the new era of digital-based design, namely, building information modeling (BIM) and cloud-based designs, as more people get involved in the design process, the ownership problem may get more complicated. The goal of this research is to investigate how digital-based design can be protected from unauthorized uses, including what considerations practitioners could take to ensure their intellectual property is protected. Therefore, this paper provides a review of history and the current US copyright law, copyright procedure, and copyright prevention strategies relevant to digital-based design in the AEC industry. Additionally, various case studies are reviewed to scrutinize pitfalls and possible outcomes of conflict. The results of the review found that copyright is a widely neglected issue in the AEC industry. Considerations include the following: contracts need to be updated to identify the ownership of a design, clauses need to be added to specify any potential gray areas, and architects and owners are encouraged to increase their knowledge about possible loopholes and conflicts. Also, new technologies such as blockchain and digital fingerprinting can be added to digital designs to prevent unauthorized use. Because of the complexity of legal contracts and the gray areas of digital-based design, AEC practitioners should perform due diligence and seek out knowledgeable legal counsel to review and approve the contract to avoid conflicts in the future.