Copyrightability of LEED-Certified Buildings: Approaching the AWCPA to Promote Green Architecture

Authors

Stephen Accursio Maniscalco

Document Type

Note

Abstract

(Excerpt)

Part I of this Note discusses green architecture, the history and structure of the LEED certification system, and the history and structure of the AWCPA. Part II discusses the approaches courts have taken in applying the AWCPA. Finally, Part III explores ways that LEED may affect courts’ analyses. It explains why and how courts may deny copyright protection in many elements of LEED-certified architectural works. It then proposes a reading of the AWCPA that will provide appropriate copyright protection to green buildings that are original in design. This Note argues that courts should not consider green market demands, the LEED certification requirements, or green functional demands as factors in the copyright analysis.