Copyright Act--Architectural Work

Architect in the Capacity of an Author of an Artistic Work of Architecture does not have the Right to Restrain the Demolition of a Building

Kush Kalra

In this write-up, the objective of present study is to make meta-analysis of the right conferred by the Copyright Act in respect of an artistic work of architecture in the context of an author, being Architect, whether he enjoins the right to restrain the demolition of a building or claim damages in case the architectural work so produced by him is destroyed or modified at the stake of his dignity. The learned author concludes that section 14 of the Copyright Act confers exclusive right in the owner of the copyright, in the case of artistic work, to communicate the work to the public. The Copyright Act discriminates between architectural works and their authors and other artistic works and in fact, any other kind of works mentioned in the Copyright Act. The provisions of section 57 titled 'Author's special right' providing that independently of the author's copyright and even after the assignment of the said copyright, the author of a work shall have the right as prescribed therein. The architect cannot demand the intangibility of work because it would violate the right of ownership and the principles of freedom of commerce. Similarly, the functionality of the building has to necessarily outweigh the interest of the architect on the preservation of integrity. Thus, the owner of the building has full power to dispose it off and to destroy it.

1. Introduction