Newsletter
ARCHITECTURAL COPYRIGHT IN HISTORIC BUILDINGS
In a recent interpretation on the question of whether ancient monuments and historic build-ings are architectural works within the meaning of the Copyright Act, and how the concept of fair use applies to them, the Intellectual Property Office (IPO) stated that when the Copyright Act was amended in 1992, new provisions were added to define architectural works (including architectural design drawings, architectural models, buildings, and other architectural works) as works that can enjoy copyright protection. In the case of a building constructed before 1992, such issues as whether it is an architectural work within the meaning of the Copyright Act, its authorship, and the time limits for protection of economic rights in the work, should all be de-termined according to the provisions of the 1992 Act.
The IPO further stated that based on considera-tions of public interest, the Copyright Act con-tains many provisions about fair use. With spe-cific reference to architectural works, Article 58 provides that if an artistic or architectural work is displayed in a street or park, on the external walls of a building, or in another outdoor location open to the public, it may be used in any way, except for (i) a building being reproduced as a building; (ii) a sculpture being reproduced as a sculpture; (iii) a reproduction being made for long-term display at a location as described above; or (iv) a reproduction being made specifically for sale as an artistic reproduction. In other words, if an architectural work that is on long-term display at an outdoor site open to the public is used in any way other than the four modes of use indicated above, the user may assert fair use, and licensing is unnecessary.
In the case of ancient monuments and historic buildings, if they are groups of buildings and associated facilities constructed by humans for living, and have historical or cultural value, they are primarily regulated by the Cultural Heritage Preservation Act (CHPA). If such monuments or buildings also fall within the scope of other leg-islation, there is still a need for them to be pro-tected under such other legislation, insofar as it does not conflict with the provisions of the CHPA. Therefore, if a monument or historic building qualifies as an architectural work as defined by the Copyright Act, and if the duration of copyright protection under the Act has not expired, and if such copyright protection does not conflict with the provisions of the CHPA, the monument or building is protected under the Copyright Act, and is subject to the Act''s re-strictions on fair use.