Can You "copyright" a building?

[LtnJck]

I am sure I am not using the right word but here’s what I mean.

I saw in the United Arab Emirates they built a replica of the Taj Mahal in India, it looks like a really good copy. And I know copies of other “Things” and “Building” are elsewhere but is there anything not legal about building the exact same building. Are not the blueprints “copyrighted” or “trademarked” or whatever the proper term is?

[Exapno_Mapcase]

You could copyright a particular design. However, most famous buildings like the Taj Mahal were created before 1923 and that puts them into the public domain so anyone can copy them.

[Fear_Itself]

Yes, buildings buit after 1990 are copyrighted:

Does copyright protect architecture?

Yes. Architectural works became subject to copyright protection on December 1, 1990. The copyright law defines “architectural work” as “the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings.” Copyright protection extends to any architectural work created on or after December 1, 1990. Also, any architectural works that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, 2002, are eligible for protection. Architectural designs embodied in buildings constructed prior to December 1, 1990, are not eligible for copyright protection.

More details

[FatBaldGuy]

@Exapno Mapcase

You could copyright a particular design. However, most famous buildings like the Taj Mahal were created before 1923 and that puts them into the public domain so anyone can copy them.

This is according to US copyright law. I’m not really sure how that would apply to a building in the UAE being a copy of one in India.

[RealityChuck]

@FatBaldGuy

This is according to US copyright law. I’m not really sure how that would apply to a building in the UAE being a copy of one in India.

Wouldn’t matter. The Taj Mahal would be in public domain under any copyright statute anywhere.

[Quercus]

Also – and I have only the tiniest understanding of intellectual property laws – I believe that it might be possible to trademark some aspects of a building , if there is an ongoing business that uses the aspect to identify itself. The aspect would have to be distinct enough that it serves to identify your particular brand (say, golden arches, a blue dome in the shape of a soft-serve ice cream, or even a particular shade of paint if distinct enough).

[Fear_Itself]

@Quercus

Also – and I have only the tiniest understanding of intellectual property laws – I believe that it might be possible to trademark some aspects of a building , if there is an ongoing business that uses the aspect to identify itself.

Transamerica Corp. claims a trademark on the Transamerica Pyramid building in San Francisco:

“Transamerica”, “Transamerica Reinsurance”, the Transamerica Pyramid logo and the Transamerica Pyramid building are trademarks and service marks of Transamerica Corporation. “AEGON” and “AEGON Insurance Group” are trademarks and service marks of AEGON N.V. All other trademarks, service marks and logos used on this site are the trademarks, service marks or logos of their respective owners.

[Walloon]

18 Am. Jur. 2d Copyright and Literary Property § 33:

nder the Copyright Act of 1976, works of authorship subject to copyright protection include “architectural works,” which are defined as the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings, including the overall form as well as the arrangement and composition of spaces and elements in the design, but not including individual standard features.

U.S. common law copyright or state statutory copyright may also protect the design of a building constructed 1923–1990.