<h1>Conclusions of the Symposium on Copyright in Architecture</h1>

The Czech Chamber of Architects organized an international symposium on copyright in architecture on April 3, 2009, at the rectorate of VUT in Brno. The event, which is unique on a European scale, featured leading experts on copyright issues both from our country and abroad.

The issue of copyright directly affects the profession of every authorized architect. Although cases of this type are becoming increasingly common, there is still no large body of court decisions or comprehensive materials (legal doctrines) from which one could start when addressing problems. The copyright law and civil code only marginally deal with architecture as an authorial work. Typically, society associates the term "author’s work" primarily with fine arts, design, films, literature, etc. It is worth noting that, according to copyright law, protection applies to both architectural and urban works. It is also important to know that a completed architectural work (viewed according to its substantive content) is the project as a whole – a summary of all performance phases. An individual performance phase is a work that is drafted and unfinished. However, copyright applies to both completed phases and unfinished ones. The use of an unfinished work is only permitted for the purpose for which it was processed, e.g. a zoning decision, unless it is indisputable that the author voluntarily provided a contractual license for another exceeding use. According to this law, a work does not include, in particular, the subject of the work itself, the idea, procedure, or method, etc. (§ 2 para. 1, 3, 6).
However, navigating copyright law related to architecture is difficult for most people. The issue is one of the most complex, and therefore the Czech Chamber of Architects decided to organize an international conference aimed at professionally clarifying the issues and increasing the comprehensibility of the law as well as the factual aspects and predictability of court decisions.
During the symposium, eight speakers pointed out the characteristic most serious problems accompanying copyright issues. They then elaborated on specific questions during the discussion at the end of the day.

Architecture in Advertising
One of the topics discussed by both leading Czech lawyer Jan Kříž and Winfried Bullinger from Berlin was the use of an author’s work (building) in advertising. If a building plays a dominant role in advertising, then copyright law should apply to it in the Czech context (the statutory exemptions as per § 29-33 may not apply in this case).
In Czech, as well as German and Austrian law, there exists the so-called freedom of panorama (freedom of public view, street image freedom). This means that if a work is visible from a public space, it can be photographed, filmed, drawn, etc., and its image used freely. However, its use or depiction must not change the appearance of the building (e.g. a different color of the façade, modification of an image, etc., that would alter the building or reduce its value). Simultaneously, the image must not be used for commercial purposes. In Germany, descendants of architect Hundertwasser won a lawsuit after his buildings were photographed from the window of a private apartment and the images used on postcards. This was not a shot from a public space, and the sale of postcards generated profit.
In the Czech Republic, a dispute emerged in court involving the author of the transmitter on Ještěd, architect Karel Hubáček, and the organizers of the World Championship in Classical Skiing in Liberec, who used the image of the building without the author's consent on posters. A similar dispute currently being resolved through an out-of-court agreement involves the company ABF and architect Vlad Milunić. A photograph of his Dancing House was used in promotional materials for a trade fair, disregarding copyright.

The Involvement of Another Professional in the Process
There was also discussion on the extent to which an existing work can be altered and whether it can even be removed. Jan Sapák pointed out that it is very difficult to find a line between inspiration and plagiarism, which could become the subject of a dispute, and such disputes are relatively common in the Czech context when another professional enters the process. As Jiří Plos noted, this situation is exacerbated by public procurement assignments from public administration, which announces new tenders for each phase of the project documentation. Architects strive to be involved in all phases of the project, as was historically the case.

Cases
The most important copyright case in recent years is generally considered to be the change of the underground ceilings of Berlin's Lehrter Bahnhof. The investor, Deutsche Bahn, decided to change the appearance of the ceilings for financial savings, without the knowledge of the project author, architect Meinhard Gerkau, and use a design from Winkens-studio. However, because this was an individual creative performance, and thus a work protected by copyright according to German copyright law, Gerkan won the lawsuit. The ceilings designed by Winkens-studio had to be removed at the investor's expense, and Gerkan's project had to be realized. The Berlin court thus placed great weight on copyright and the protection of a construction work against distortion. The personality of the author and the artistic integrity of the building as a cultural asset were assigned great value and placed above economic interests. (The case is extensively described in CKAs Bulletins 4/2006 and 4/2007).
Another interesting dispute mentioned at the conference is the planned reconstruction and extension of Le Corbusier’s complex around the Marian chapel of Notre-Dame du Haut in Ronchamp, the project of which is being processed by Renzo Piano. Judges leaned towards the view that the entire complex is subject to copyright protection and not just the part with the chapel. Moreover, Le Corbusier supposedly did not wish for anything to be built in close proximity to the chapel, and Piano proposes buildings already 60 meters away from it. According to the project, a new visitor center and accommodation for twelve order sisters is to be built there. The Paris Fondation Le Corbusier, which cares for the master’s legacy, has nothing against Renzo Piano or the construction program, but seeks to place the buildings at a greater distance from the church.

Conclusion
It emerged from the conference that there are few court disputes concerning copyright in Europe because most of them end before they even start in settlement. The reason is the very difficult proof of copyright infringement. As Ivo Telec says, it is often complicated to determine what is truly an author’s work and even more challenging to establish what is artistic beauty and quality. Abroad, only large prestigious studios dare to initiate court proceedings. According to Regina Gonthier from Switzerland, while the copyright law is an imperfect protection, unfortunately, there is no other currently. The attendees also pointed out the absence of legal awareness not only among some architects but primarily within society as a whole, which may be reflected simply by the fact that the names of designers are not mentioned in images of buildings or during ceremonial general inspections.

Proceedings
The Czech Chamber of Architects is currently preparing the proceedings of the conference, which will summarize all lectures and the discussion text, as well as selected provisions from copyright law and some key rulings in European law.
The publication will be received by all authorized architects as part of the Bulletin ČKA 3/2009 attachment. It will also be sent to all law firms that specialize in this issue. The proceedings will also be available for download at www.cka.cc in Czech, as well as in English and German.

Markéta Pražanová
spokeswoman for the Czech Chamber of Architects