건축저작물의 속성과 범주에 관한 연구

Abstract

Copyright in architecture is one of the grey areas in contemporary architectural practices. Architectural works, in general, include buildings and their plans and models. However, not all the architectural works are protected by copyright laws as they should satisfy copyrightable attributes. Nikolaus Pevsner once said, “A bicycle shed is a building; Lincoln Cathedral is a piece of architecture.” He wished to distinguish good buildings from ordinary ones. However, his views of the time might be contentious in this 21st century. There are multivariate factors which would influence copyright matters regarding architectural design. In this study, the extent of architectural works and buildings and the criteria of the works for the legal protection are examined. For instances, are civil engineering, landscape or interior design works eligible for the protection as a category of buildings?; and what level of aesthetic expression should be needed to qualify as architectural works? This study examines legal precedent relating to architectural copyright and simultaneously compares the scholastic views on intricate copyright issues. Finally, suggestions are made to give more realistic and reasonable improvement on Korean copyright laws for architectural practices.