The number of legal disputes regarding copyright in architecture is increasing

Architect Jan Sapák

Brno - In recent years, the number of disputes over copyright in architecture in the Czech Republic has significantly increased, many of which end up in court. This causes problems, such as delays and sometimes increased costs of construction. According to experts, a large part of the disputes stems from ignorance. The Czech Chamber of Architects therefore sees raising awareness as one of the effective solutions, its representatives told reporters today.
    The first step to improving general awareness of copyright in architecture is an international conference organized by the Chamber in Brno. This will be followed by seminars and other professional events. Architects are not entirely satisfied with the Czech copyright law, which, according to them, tends to use concepts from other, more frequented artistic fields. However, they are not calling for a change in the law.
    The increase in disputes, in addition to ignorance of the issues, is also caused by the very nature of architecture and new trends in the work of architects. Architecture intertwines purely routine and completely individual creative performance, believes copyright expert Ivo Telec from Masaryk University. It is precisely the distinguishing of routine buildings from original projects, which deserve protection as copyright works, that is sometimes the subject of court decisions.
    According to architect and court expert Jan Sapák, in recent years, the number of original projects has increased compared to routine ones. "And with that, the number of architects who can assert their rights is also increasing," noted Sapák. Another cause of disputes is that architects are increasingly working in teams and shared offices. "In the past, it was usually the case that one architect worked on one project. Now it is often different. And whenever more than one person works on a single project, there can be disputes over who has a larger share," Sapák pointed out.
    There are emerging not only disputes among architects, but also disputes with construction investors, including the state and local governments. These can arise, for example, if the builder deviates from the original project or makes significant changes to the completed building. Sapák points out that copyright rights in the Czech Republic are greatly weakened after the completion of the building. "Once it is finished, the architect's rights somewhat diminish. In foreign countries, the practice is somewhat different," Sapák said.
    Some copyright disputes in architecture have attracted attention from experts across Europe in recent years. This applies, for example, to the case of the Berlin railway station, for which Meinhard von Gerkan designed a special vaulted ceiling. However, the investor requested a new, simpler ceiling design from another office due to costs, which was subsequently built. Gerkan protested, and according to Sapák, the court sided with him.