Fourteenth International Conference on The Constructed Environment

Abstract

In the past few years, there have been extensive international efforts to enhance the protection of architectural ideas through copyright legislation. Stimulated by the Berne Convention, such legislation as the Architectural Works Copyright Protection Act in the United States have been largely successful, although unwittingly have created some unforeseen challenges for architects. One of the challenges that has recently emerged is the question of contextualism, an important component in design practice within towns and cities, and its potential conflict with copyright laws. Contextualism, the response to existing environmental characteristics in which a new building in created, provides an important framework for urban coherence by establishing a shared language of design derived from the elements of existing forms in their style, materials, proportions and massing. Contextualism is well established in design theory and forms a fundamental part of education and practice. However, the principal tenet of contextualism – the striving for a common architectural vocabulary to ensure visual coherence – may be in contradiction to the requirements of copyright laws, which protect originality and prevent their use in subsequent designs. This paper examines the legal underpinnings of copyright protection and its relationship to originality while questioning the inherent contradictions with contextual design and exploring the potential consequences of conflict between the two. It concludes with a suggested structure of clarification of the use of architectural language that provides a balance between the need to protect architectural originality while preserving the urbanistically sound principles of contextualism.