Architecture and Copyright controversies

• Author: Jorge Ortega
• Position: Professor of Civil Law at the Universidad Complutense Madrid, Spain
• Pages: 12-14

The long

road to

protection

Architect ure is de-

fined as the “art of

designing and con-

structing buildings”.

It is both a functional

and an artistic en-

deavor. This explains

why architecture has

provoked so much

controversy through

the ages. While ar-

chitecture provides a

blueprint for the design of structures for human

habitation, these structures are so much more

than merely utilitarian or functional. Architecture

conceptualizes space and ensures that a structure

is both habitable and in harmony with the sur-

rounding environment. At times these structures

are genuine works of art, providing inspiration

and conferring a sense of well-being. They have

the power to shape our lives and change our per-

ceptions. Architecture, however, has not always

been recognized as worthy of protection under

copyright law. The following discussion demon-

strates that, in many jurisdictions, this remains a

thorny issue.

The legacy of the Pharaohs

One issue that continues to fuel intense debate

is whether it is legally possible to reproduce an

architectural work located on a public site without

the architect’s permission. Many national laws al-

low for the reproduc-

tion of such “publicly

situated” works in the

context of limitations

to the right of repro-

duction which is one

of the exclusive rights

authors enjoy under

copyright law.

A recent controversy

involving one of hu-

manity’s most ancient

architectural com-

plexes and artistic

marvels, the pyramids

of Egypt, shows that at times this limitation can lead

to political complications and can be very difficult

to apply. In 2008, Zahi Hawass, Secretary General

of Egypt’s Supreme Council of Antiquities (SCA),

made a case for establishing a copyright law that

would allow claims for damages against authors

of reproductions of the pyramids, the Sphinx and

all other ancient monuments. This would mean, in

practice, that Egyptian and foreign artists could only

benefit financially from their drawings or illustrations

of Egyptian and pharaonic monuments if the repro-

ductions were not exact. But how would an exact

reproduction be identified?

Would the Luxor Hotel in Las Vegas, U.S., be con-

sidered an exact reproduction? The hotel’s web

page describes it as “the only building in the shape

of a pyramid in the world”. In the context of the

proposed new law, this led some commentators to

claim that the American hotel complex should share

a proportion of its profits with the Egyptian city of

ARCHITECTURE

AND COPYRIGHT

CONTROVERSIES

OCTOBER 2011

12

Architecture is deeply woven into the fabric of human history and culture, and its influence cannot be unde-

restimated. Born of the fundamental human need for shelter, the art of designing and constructing buildings

has generated countless inspiring and commanding structures across the globe. From a humble cottage to

iconic works such as the ancient pyramids of Egypt or the

Sagrada Familia

in Barcelona, Spain, architecture

influences our daily lives and our environment. Winston Churchill once said that “we shape our buildings;

thereafter they shape us.” It is no surprise, then, that architecture has provoked, and continues to provoke,

interesting and often heated debate. In this article, Dr. Jorge Ortega, Professor of Civil Law at the Universidad

Complutense Madrid, Spain, considers some of the controversies that have arisen, specifically in relation to

the protection of architecture as a creative work and the rights of architects in their creations.

The pyramids of Egypt are among the largest and oldest surviving

structures of humanity and the subject of a recent copyright

controversy.

Photo: iStockphoto/cinoby