International Symposium on Copyright Issues in Architecture and Design
Publisher
Tisková zpráva
02.03.2009 10:30
Tisková zpráva
02.03.2009 10:30
Copyright in Architecture
The term "author's work" or the issue of copyright most commonly evokes mass-distributed artistic works, primarily audiovisual, literary works, or the creation of computer programs. It is undoubtedly true that architecture, architectural work, and similar creations are also subject to copyright, but events of this nature have either not been frequent or do not seem characteristic enough to reach the center of public perception. However, copyright disputes in architecture and design have proliferated in the Czech environment in recent years. They pose significant problems for those involved - time losses, organizational complications, and the threat of financial losses. At least some of these complications could be prevented with minimal knowledge of the topic.
The copyright issues associated with architectural creation are extremely complex and intricate. Architecture is only created in a negligible number of cases completely freely, so to speak, "into the drawer." On the contrary, it is almost always associated with a design process. Aspects of both private and public law therefore inextricably intertwine. Administrative and copyright, legitimate user expectations of investors, construction law, and a whole range of other connections. In some cases, the investment amounts involved can be staggering. Therefore, it seems indisputable that the time has come to take a serious step toward a professional clarification of the issues, increasing the comprehensibility of the law as well as the factual aspects and predictability of legal decisions.
Location: Rectorate of the Brno University of Technology, Antonínská 548/1, Brno
Program: The symposium will be arranged to ensure that its investigative impact on the discussed topics is as high quality and deep as possible. Each of the eight speakers has a twenty-minute slot for their presentation, followed by a fifteen-minute discussion period. The lecture schedule will be interrupted for lunch and a coffee break, which will include simple refreshments for the audience. At 4 PM, there will be a podium discussion.
TOPIC
During the symposium, the most pressing issues affecting copyright in architectural practice will be raised. The topic will be viewed from both theoretical and concrete, practical perspectives. Considerable space will be devoted to questions from the floor to evoke a vigorous discussion.
AIM
The symposium aims to elevate the collective professional knowledge to a higher level through joint dialogue. There is hope that the event will increase the preventive readiness of all participants in the building design process. It will be a platform where top and experienced professionals, both legal and factual aspects of the topic, will discuss alongside non-specialized judges and other experts who will not contribute presentations directly. The event will be a significant tool to avoid complex and costly dispute situations and will provide valuable preventive measures for all involved.
WHO THE SYMPOSIUM IS FOR
The issue of copyright primarily concerns representatives of public administration, investors, clients, builders, developers, architects, and designers, specialized as well as non-specialized law firms and courts. Copyright issues also relate to criminal law, and, indirectly, the symposium could be beneficial for individuals active in this field. Interested parties from among representatives of legal studies who have not previously specialized in this topic are also welcome.
TRANSLATION
The symposium will be simultaneously interpreted with high-quality cabin translation into Czech and German.
REGISTRATION
Please confirm your participation via email to ludmila.cepakova@cka.cc or call: 542 211 809. The participation fee can be paid in cash at the Brno office of the Czech Chamber of Architects (Starobrněnská 16/18, Brno 602 00) or at the Prague office of the Czech Chamber of Architects (Josefská 34/6, Prague 1, 118 00), or transferred to account number: 1928140339/0800. For cashless payments, it is necessary to state the variable symbol, which will be communicated upon confirmation of participation. Authorized persons will indicate their authorization number as the variable symbol.
Price for non-members of the Czech Chamber of Architects: 1800 CZK
Price in Euro: 65 €
(Price paid in the last week or on the day of the event 2000 CZK).
Price for members of the Czech Chamber of Architects: 200 CZK
SPEAKERS
Prominent personalities and experts from four EU countries have been invited to the symposium, who can speak authoritatively on the topic and lead a productive discussion. Lawyers, court experts, and theorists will prepare presentations covering all aspects of the topic being pursued.
Dr. Anne Marie Belenger-Beaud
Partner at a law firm specialized for a long time in copyright issues for both legal and factual aspects based in Paris - head of the specific sector in the Francophone area. Experience has been distilled and generalized through publishing activities.
In terms of copyright, the question arises whether it pertains only to the design itself or whether it also applies to the realized building and whether some works deserve stronger protection. There is also a discussion on whether a building exists only by itself or is part of other connections to the environment. These questions were opened by a copyright case concerning the world-famous chapel in Ronchamp designed by Le Corbusier in 1957. In addition to the chapel, the author designed a fragment at the top of a concrete ambulatories that barely crawls over the terrain. Recently, however, at the request of the area operators, additional new buildings for pilgrims have been proposed by another internationally renowned architect, Norman Foster, not far from the chapel, raising serious suspicions that the integrity of this already half-century-old and established work is threatened. Thus, both copyright and heritage questions intersect here.
Prof. Dr. Winfried Bullinger
A lawyer and copyright expert from Berlin, professor at the Brandenburg University of Technology in Chotěbuz since 2003, author of commentaries on copyright law, legal representative of Deutsche Bahn in a dispute with architect Meinhard von Gerkan.
An explanation of the dramatic legal dispute involving Hamburg architect Meinhard von Gerkan and Deutsche Bahn. During the construction of the main Berlin station, Lehrter Bahnhof, a substantial part of Gerkan's design was not respected, and he was ultimately forced to leave the project leadership. The completion was entrusted to a Berlin studio, Winkens, which significantly altered the ceilings proposed by Gerkan and replaced them with a design that seemed cheaper to the investor's representatives. German courts gradually recognized Gerkan's copyright defense as valid. In determining judgments, they ruled that the already completed and operational building must be modified to correspond to the original architect Gerkan's design.
Dr. Thomas Höhne
A lawyer from Vienna focused on intellectual property (including copyright). A partner at the law firm Partner von Höhne, In der Maur & Partner Rechtsanwälte GmbH, author of the seminal work on copyright in architecture "Architektur und Urheberrecht," which remains the monograph on this topic in Austria.
The lecture will focus on the position of the architect under Austrian copyright law, with partial regards to the same model in German law, which it is influenced by. Generalization and legal-theoretical explanation of the most interesting examples from Austrian practice. Austria and the Czech Republic were historically connected by a single legal regulation covering most private law matters, and even many public law matters. For almost a hundred years, the states that once belonged to the Danube Monarchy have been taking their own paths and have made diverse experiences in the meantime; this does not mean that the divergence of their legal paths would be particularly straightforward.
Regina Gonthier dipl. Arch. ETH BSA SIA
Associate Professor at ETH Zurich, Vice President of the SIA 142 CH competition commission at ACE (European Council of Architects), President of the Architecture and Urban Planning Commission of Fribourg Canton, member of the UIA (International Union of Architects) World Council, co-owns a studio with Alain Gonthier since 1986.
Examples from Swiss practice related primarily to personnel disputes will be presented.
Prof. JUDr. Ivo Telec, CSc.
A leading expert in copyright law, lawyer, and author. Professor of civil law, with a special focus on intellectual property law at the Faculty of Law of Masaryk University in Brno. Author of professional publications and commentary on copyright law: Telec-Tůma. Copyright Act, Commentary. Prague (Beck) 2007.
For a copyrighted work, it must always be clarified whether it is indeed a work that results from creative intellectual activity, rather than mechanical, routine, or deterministic activity. In many cases, this can be difficult. In architecture and building design, a discipline related to the visual arts, this is even more challenging because it is inherently a complex activity, where purely routine performances meet creative performances, and moreover, some creative performances may resemble seemingly deterministic acts. Tests can be used to recognize conceptual characteristics. The lecture will focus on legal-theoretical interpretations concerning key aspects of potential knots in the creation of an architectural work and its reproduction in construction.
Akad. arch. Jan Sapák
An architect, publicist, theorist, and historian of architecture. A court expert in assessing authorship of architectural works. Publishes in leading Czech and foreign professional journals, lectures.
Architecture as such and its design are complicated amalgams of artistic, technical, and practical elements, such that the artistic aspect is inseparable from the technical one, with the technical foundation even being at the very basis of artistic expression. Architectural design, or project design, has in recent decades been divided into performance phases (study, building permit project, execution project) for various reasons. However, the integrity of the design work as a single primary entity flows from its own material essence, which is subsequently divided into constituent stages for other reasons. A doctrine addressing this issue will be presented.
Prof. JUDr Dr.h.s. Jan Kříž, CSc.
Director of the Institute of Copyright Law, Industrial Law, and Competition Law at the Faculty of Law of Charles University. A lawyer, expert collaborator in the legislative process, author of numerous publications, including a commentary on copyright law: Kříž-Holcová-Kordač-Křesťanová. Copyright Act - Commentary. Prague (Linde) 2005.
Theoretical interpretations of passages from the currently valid version of the law can pose the greatest challenges in interpretation precisely because they relate to universal provisions concerning different disciplines and types of creative (artistic) activity. Their "field" situations - involvement in actual social relations, or business and technical events - are, however, varied. It seems that this is most pronounced in architectural creation, which is generally a fundamental part of design activity. A brief international comparison will be presented at least for those countries that have the most active economic interactions and where one can rightfully expect the most frequent occurrence of collision situations. Although copyright is intertwined with a series of international treaties, national regulations have their peculiarities, and it is worth at least roughly knowing them to prevent misunderstandings in cases with international implications.
JUDr. PhDr. Jiří Plos
A lawyer, art historian, and philosopher; lectures on law and urban planning at the Faculty of Architecture of the Czech Technical University in Prague and at the Faculty of Arts at the Technical University of Liberec, serves as the secretary of the Czech Chamber of Architects. A public administration consultant, author of a commentary on the building code.
Designing and implementing buildings relates not only to the copyright protection of architectural works but concurrently also to the issue of professional practice and personal liability of authorized persons, particularly regarding professional performances and the content, scope, and forms of professional documentation, with regard to more general legal contexts in civil, administrative, and criminal law. The structure of the building code or the public procurement law often facilitates the delineation of individual performance phases in the design (and planning) process, creating artificial barriers that dilute professional responsibility and obscure relations between designers (architects, urban planners, and engineers), clients, and construction suppliers.
The term "author's work" or the issue of copyright most commonly evokes mass-distributed artistic works, primarily audiovisual, literary works, or the creation of computer programs. It is undoubtedly true that architecture, architectural work, and similar creations are also subject to copyright, but events of this nature have either not been frequent or do not seem characteristic enough to reach the center of public perception. However, copyright disputes in architecture and design have proliferated in the Czech environment in recent years. They pose significant problems for those involved - time losses, organizational complications, and the threat of financial losses. At least some of these complications could be prevented with minimal knowledge of the topic.
The copyright issues associated with architectural creation are extremely complex and intricate. Architecture is only created in a negligible number of cases completely freely, so to speak, "into the drawer." On the contrary, it is almost always associated with a design process. Aspects of both private and public law therefore inextricably intertwine. Administrative and copyright, legitimate user expectations of investors, construction law, and a whole range of other connections. In some cases, the investment amounts involved can be staggering. Therefore, it seems indisputable that the time has come to take a serious step toward a professional clarification of the issues, increasing the comprehensibility of the law as well as the factual aspects and predictability of legal decisions.
The Czech Chamber of Architects, in conjunction with the Judicial Academy and the Ministry of Culture of the Czech Republic
invites you to
INTERNATIONAL SYMPOSIUM ON COPYRIGHT ISSUES IN ARCHITECTURE, THEIR PROTECTION, AND PROTECTION AGAINST MISUSE
which will take place in Brno on April 3, 2009, from 9 AM to 5 PM
Location: Rectorate of the Brno University of Technology, Antonínská 548/1, Brno
Program: The symposium will be arranged to ensure that its investigative impact on the discussed topics is as high quality and deep as possible. Each of the eight speakers has a twenty-minute slot for their presentation, followed by a fifteen-minute discussion period. The lecture schedule will be interrupted for lunch and a coffee break, which will include simple refreshments for the audience. At 4 PM, there will be a podium discussion.
TOPIC
During the symposium, the most pressing issues affecting copyright in architectural practice will be raised. The topic will be viewed from both theoretical and concrete, practical perspectives. Considerable space will be devoted to questions from the floor to evoke a vigorous discussion.
AIM
The symposium aims to elevate the collective professional knowledge to a higher level through joint dialogue. There is hope that the event will increase the preventive readiness of all participants in the building design process. It will be a platform where top and experienced professionals, both legal and factual aspects of the topic, will discuss alongside non-specialized judges and other experts who will not contribute presentations directly. The event will be a significant tool to avoid complex and costly dispute situations and will provide valuable preventive measures for all involved.
WHO THE SYMPOSIUM IS FOR
The issue of copyright primarily concerns representatives of public administration, investors, clients, builders, developers, architects, and designers, specialized as well as non-specialized law firms and courts. Copyright issues also relate to criminal law, and, indirectly, the symposium could be beneficial for individuals active in this field. Interested parties from among representatives of legal studies who have not previously specialized in this topic are also welcome.
TRANSLATION
The symposium will be simultaneously interpreted with high-quality cabin translation into Czech and German.
REGISTRATION
Please confirm your participation via email to ludmila.cepakova@cka.cc or call: 542 211 809. The participation fee can be paid in cash at the Brno office of the Czech Chamber of Architects (Starobrněnská 16/18, Brno 602 00) or at the Prague office of the Czech Chamber of Architects (Josefská 34/6, Prague 1, 118 00), or transferred to account number: 1928140339/0800. For cashless payments, it is necessary to state the variable symbol, which will be communicated upon confirmation of participation. Authorized persons will indicate their authorization number as the variable symbol.
Price for non-members of the Czech Chamber of Architects: 1800 CZK
Price in Euro: 65 €
(Price paid in the last week or on the day of the event 2000 CZK).
Price for members of the Czech Chamber of Architects: 200 CZK
SPEAKERS
Prominent personalities and experts from four EU countries have been invited to the symposium, who can speak authoritatively on the topic and lead a productive discussion. Lawyers, court experts, and theorists will prepare presentations covering all aspects of the topic being pursued.
Dr. Anne Marie Belenger-Beaud
Partner at a law firm specialized for a long time in copyright issues for both legal and factual aspects based in Paris - head of the specific sector in the Francophone area. Experience has been distilled and generalized through publishing activities.
In terms of copyright, the question arises whether it pertains only to the design itself or whether it also applies to the realized building and whether some works deserve stronger protection. There is also a discussion on whether a building exists only by itself or is part of other connections to the environment. These questions were opened by a copyright case concerning the world-famous chapel in Ronchamp designed by Le Corbusier in 1957. In addition to the chapel, the author designed a fragment at the top of a concrete ambulatories that barely crawls over the terrain. Recently, however, at the request of the area operators, additional new buildings for pilgrims have been proposed by another internationally renowned architect, Norman Foster, not far from the chapel, raising serious suspicions that the integrity of this already half-century-old and established work is threatened. Thus, both copyright and heritage questions intersect here.
Prof. Dr. Winfried Bullinger
A lawyer and copyright expert from Berlin, professor at the Brandenburg University of Technology in Chotěbuz since 2003, author of commentaries on copyright law, legal representative of Deutsche Bahn in a dispute with architect Meinhard von Gerkan.
An explanation of the dramatic legal dispute involving Hamburg architect Meinhard von Gerkan and Deutsche Bahn. During the construction of the main Berlin station, Lehrter Bahnhof, a substantial part of Gerkan's design was not respected, and he was ultimately forced to leave the project leadership. The completion was entrusted to a Berlin studio, Winkens, which significantly altered the ceilings proposed by Gerkan and replaced them with a design that seemed cheaper to the investor's representatives. German courts gradually recognized Gerkan's copyright defense as valid. In determining judgments, they ruled that the already completed and operational building must be modified to correspond to the original architect Gerkan's design.
Dr. Thomas Höhne
A lawyer from Vienna focused on intellectual property (including copyright). A partner at the law firm Partner von Höhne, In der Maur & Partner Rechtsanwälte GmbH, author of the seminal work on copyright in architecture "Architektur und Urheberrecht," which remains the monograph on this topic in Austria.
The lecture will focus on the position of the architect under Austrian copyright law, with partial regards to the same model in German law, which it is influenced by. Generalization and legal-theoretical explanation of the most interesting examples from Austrian practice. Austria and the Czech Republic were historically connected by a single legal regulation covering most private law matters, and even many public law matters. For almost a hundred years, the states that once belonged to the Danube Monarchy have been taking their own paths and have made diverse experiences in the meantime; this does not mean that the divergence of their legal paths would be particularly straightforward.
Regina Gonthier dipl. Arch. ETH BSA SIA
Associate Professor at ETH Zurich, Vice President of the SIA 142 CH competition commission at ACE (European Council of Architects), President of the Architecture and Urban Planning Commission of Fribourg Canton, member of the UIA (International Union of Architects) World Council, co-owns a studio with Alain Gonthier since 1986.
Examples from Swiss practice related primarily to personnel disputes will be presented.
Prof. JUDr. Ivo Telec, CSc.
A leading expert in copyright law, lawyer, and author. Professor of civil law, with a special focus on intellectual property law at the Faculty of Law of Masaryk University in Brno. Author of professional publications and commentary on copyright law: Telec-Tůma. Copyright Act, Commentary. Prague (Beck) 2007.
For a copyrighted work, it must always be clarified whether it is indeed a work that results from creative intellectual activity, rather than mechanical, routine, or deterministic activity. In many cases, this can be difficult. In architecture and building design, a discipline related to the visual arts, this is even more challenging because it is inherently a complex activity, where purely routine performances meet creative performances, and moreover, some creative performances may resemble seemingly deterministic acts. Tests can be used to recognize conceptual characteristics. The lecture will focus on legal-theoretical interpretations concerning key aspects of potential knots in the creation of an architectural work and its reproduction in construction.
Akad. arch. Jan Sapák
An architect, publicist, theorist, and historian of architecture. A court expert in assessing authorship of architectural works. Publishes in leading Czech and foreign professional journals, lectures.
Architecture as such and its design are complicated amalgams of artistic, technical, and practical elements, such that the artistic aspect is inseparable from the technical one, with the technical foundation even being at the very basis of artistic expression. Architectural design, or project design, has in recent decades been divided into performance phases (study, building permit project, execution project) for various reasons. However, the integrity of the design work as a single primary entity flows from its own material essence, which is subsequently divided into constituent stages for other reasons. A doctrine addressing this issue will be presented.
Prof. JUDr Dr.h.s. Jan Kříž, CSc.
Director of the Institute of Copyright Law, Industrial Law, and Competition Law at the Faculty of Law of Charles University. A lawyer, expert collaborator in the legislative process, author of numerous publications, including a commentary on copyright law: Kříž-Holcová-Kordač-Křesťanová. Copyright Act - Commentary. Prague (Linde) 2005.
Theoretical interpretations of passages from the currently valid version of the law can pose the greatest challenges in interpretation precisely because they relate to universal provisions concerning different disciplines and types of creative (artistic) activity. Their "field" situations - involvement in actual social relations, or business and technical events - are, however, varied. It seems that this is most pronounced in architectural creation, which is generally a fundamental part of design activity. A brief international comparison will be presented at least for those countries that have the most active economic interactions and where one can rightfully expect the most frequent occurrence of collision situations. Although copyright is intertwined with a series of international treaties, national regulations have their peculiarities, and it is worth at least roughly knowing them to prevent misunderstandings in cases with international implications.
JUDr. PhDr. Jiří Plos
A lawyer, art historian, and philosopher; lectures on law and urban planning at the Faculty of Architecture of the Czech Technical University in Prague and at the Faculty of Arts at the Technical University of Liberec, serves as the secretary of the Czech Chamber of Architects. A public administration consultant, author of a commentary on the building code.
Designing and implementing buildings relates not only to the copyright protection of architectural works but concurrently also to the issue of professional practice and personal liability of authorized persons, particularly regarding professional performances and the content, scope, and forms of professional documentation, with regard to more general legal contexts in civil, administrative, and criminal law. The structure of the building code or the public procurement law often facilitates the delineation of individual performance phases in the design (and planning) process, creating artificial barriers that dilute professional responsibility and obscure relations between designers (architects, urban planners, and engineers), clients, and construction suppliers.
The English translation is powered by AI tool. Switch to Czech to view the original text source.
0 comments
add comment
