The Copyright Protectability of Architectural Works: The Eleventh Circuit Walks a Thin Line

Authors

Thomas Commons

Document Type

Note

Abstract

(Excerpt)

Part I of this Note discusses the history of copyright legislation in the United States regarding architectural works, as well the applicability of copyright law generally. Part II discusses the circuit split between the Eleventh and Second Circuits with regard to how much protection architectural works should be afforded. Part III analyzes the benefits and shortcomings of both approaches and how other courts should ultimately adopt the Second Circuit’s approach. This Note argues that the Second Circuit’s approach is supported not only by statutory language and legislative history, but also by public policy and constitutional considerations, as well.