Our recent post about the Freedom Tower copyright infringement claim begs this question: what is the scope of copyright in architectural works?
After all, architectural works are normally useful articles which would be excluded for copyright protection.
But note that the exclusion for useful articles is narrower and specifically applies only to "pictorial, graphic, and sculptural works." 17 U.S.C 101.
Architectural works are a separate category of copyrightable subject matter, 17 U.S.C. 102(a)(8), and are defined as the design of a building embodied in any tangible medium, including a building, architectural plans, or drawings. The work includes the overall form and ... more »
