Where Do Works of Architecture Fit into Copyright Law?
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The building or structure which constitutes a work of architecture is built on the basis of a plan (blue print) which enjoys a separate copyright apart from the copyright in the building. Publication means making a work available to the public by issue of copies or communicating the work to the public. Communication to the public includes making the work available for being seen by any means of display. This means that the moment a work of architecture is exposed to public view, it would amount to publication of the work. An application of the above principles would reveal that the Hall of Nations was indeed an architectural structure already exposed to the public and hence a subject matter of copyright.
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Moral Rights – What About Them?
The designer-architect duo may not be the first owners of copyright in Hall of Nations; it does not however mean that they have forfeited their moral rights in the work as well. Section 57 of the Copyright Act deals with the special rights of the authors, also referred to as the moral rights of the creator of the work and includes the rights of integrity and attribution of the author. To claim authorship of the work; and to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation, is the moral right of any architect-designer in respect of the building created/designed.
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Demolishing a renowned building as the Hall of Nations, which marked a certain milestone in the progress and development of new India can be clearly analogized with pulling down of the celebrated mural from Vigyan Bhawan. Just as in Amarnath Sehgal, the ruthless manner in which a celebrated creation has been destroyed mars the reputation of the architect Raj Rewal and engineer Mahendra Raj. Its demolition should have been protested by the two, on grounds of violation of moral rights.
Moral rights are personal legal rights belonging to the creator of copyright works. These rights apply to the creator of the work, including where the creator of the work may not necessarily be the copyright owner of the work. Architects can exercise moral rights irrespective of who owns the copyright of the works they created. An architect has the right to be attributed as the designer of a project when it is constructed, and when the work is publicized or represented in print. So not only do Raj Rewal and Mahendra Raj have the right to be recognized as the creators of the Hall of Nations, they also had the right to be consulted upon if their project was to be demolished or even altered. In the instant case, their repeated pleas not to demolish went unheard.
In the author’s opinion, in the context of architectural buildings, one has to understand section 57 to read that any alteration or demolition of the concerned structure amounts to derogatory conduct. And if the structure in question is as esteemed and distinctive as the Hall of Nations, then it does amount to violation of authors’ moral rights.
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Dr. Sunanda is an Assistant Professor in Law at Delhi University