Intellectual Property of Architectural Works

It has become an architect’s profession to design a blueprint of a layout. Architects have exclusive rights when producing copyrighted works that require further agreement to determine the copyright holder and the designation of the copyrighted work.

Architectural copyrights are regulated in Article 40 paragraph (1) letter h of Law no. 28 of 2014 regarding Copyright (UUHC). Explained in Article 34 UUHC that in the event that a work is designed by someone (the architect) and is realized and carried out by another party under the leadership of the designer, the designer is the architect. It is also explained in Article 35 UUHC unless agreed otherwise in the event that the Copyright Holder for his work is in an official relationship, which is considered the author is a government agency. In this case the creator gets a reward in the form of royalties.

In contrast to interior designs made by a designer, not an architect, UUHC does not specifically regulate the protection of interior design copyrights. Architectural works are specifically mentioned in one of the forms of creation. Although not specifically regulated, images produced by design creators fall into the copyright category. (Article 40 paragraph (1) letter f UUHC).

In an interior design, the design of items such as furniture or furniture needed is also produced. For items of industrial design that meet the requirements of novelty, the protection falls into the category of industrial design. As regulated in Article 1 point 1 of Law Number 31 of 2000 concerning Industrial Designs (Industrial Design Law):

Industrial Design is a creation of the shape, configuration, or composition of lines or colors, or lines and colors, or a combination thereof in the form of three or two dimensions that gives an aesthetic impression and can be realized in three-dimensional or two-dimensional patterns and can be used for produce a product, goods, industrial commodity, or handicraft.”

 

Thus, it is clear that the architect’s work is included in the Copyright Intellectual Property, not Industrial Design Intellectual Property.

For fellow architects, it is very important to pay attention to the contents of the agreement with the company that ordered the services. There must be a clause that stipulates that the copyright to the architectural work is held by the architect. If there is no clause that regulates it, then according to Article 35 UUHC as described above, the Copyright will be held by the company who orders the service. If in the future the Company wants to use the architectural work for other buildings, then it is allowed. Because there is no clause that regulates the architect as the Copyright Owner.

The validity period of the Copyright of architectural works is regulated in Article 58 paragraph (1) letter g of the UUHC, that architectural works are valid for the life of the Creator and continue for 70 (seventy) years after the Creator’s death, starting on January 1 of the following year. If the Copyright Holder is a Legal Entity, then according to Article 58 paragraph (3) UUHC is valid for 50 (fifty) years since it was first announced.

 

Sources:

  1. Law No. 28 of 2014 regarding Copyright
  2. Law No. 31 of 2000 regarding Industrial Design
  3. Muhamad Harisman. 2020. Kepastian Hukum Hak Cipta atas Karya Desain Arsitektur Di Indonesia Dikaitkan dengan Prinsip Alter Ego tentang Hak Cipta. Bandung: Fakultas Hukum Universitas Padjadjaran

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