IP: Serious threat to intellectual property

[Dave Farber <farber@cis.upenn.edu>]

>From: "Joel Orr" <joelnorr@hotmail.com>
>To: farber@cis.upenn.edu
>Cc: eliattia@attglobal.net, noaattia@hotmail.com
>
>
>Dear Dave,
>
>My friend, architect Eli Attia, has been through some shocking litigation, 
>in which judges may have wiped out a major part of the basis for 
>intellectual property. He has asked the Supreme Court to hear the issue; 
>an answer is expected in a few weeks.
>
>Since this issue touches ALL intellectual property, I thought the IP list 
>might be interested. Here is the request for signatures that he sent to 
>fellow architects.
>
>Warmly,
>Joel Orr
>
>The U.S. Court of Appeals has deemed architectural design solutions ? the 
>concept design ? as unprotectable by U.S. Copyright Law.
>
>If this decision is permitted to stand unchallenged, it is reasonable to 
>believe it will eventually pollute the rights of all creative fields.
>
>On May 25th, 2000, I submitted a petition to the U.S. Supreme Court to 
>reverse this ominous decision.  In fact, the Supreme Court is going to 
>first decide whether the issue is even important enough to be reviewed at 
>all, a decision that statistically has only a one-in-200 chance of a 
>positive outcome.
>
>The creative community in general, and the architectural community in 
>particular, can dramatically improve these odds by expressing the 
>importance of clearly defined copyright protection of architectural design 
>solutions to the practice of architecture.
>
>In its decision, the U.S. Court of Appeals fully acknowledged that my 
>design for the $1 billion New York Hospital project was copied, even 
>traced, by HOK - the largest architectural firm in the country - but 
>concluded that concept design drawings are "general" and "preliminary" and 
>therefore not protected by copyright law. (See note)
>
>In this decision the Court suggested that the copyright law might not even 
>protect Frank Lloyd Wright's "preliminary sketches" of the facade of the 
>Guggenheim Museum.
>
>The Court of Appeals distinguished my drawings from the drawings of other 
>architects who had succeeded in their copyright claims by pointing out 
>that the drawings of those other architects were more detailed 
>construction drawings.
>
>It is inconceivable that the architectural concept design, which 
>represents the core of creativity in architecture, is not copyrightable, 
>while the technical construction drawings are.
>
>This case, which is about the heart and soul of architecture, was decided 
>without a trial.  The Court of Appeals overhauled the architectural 
>practice without a jury, without the aid of direct testimony and 
>cross-examination, and without the aid of expert witnesses.
>
>Please add your voice to the following statement and help reverse the 
>decision that places architects? design solutions in the minefield of 
>abandoned and unprotected work.
>
>Sincerely,
>
>Eli Attia
>
>
>
>Note:  Design drawings and models such as those that I prepared for New 
>York Hospital include all that the copyright law describes as protectable 
>architectural work:
>"An architectural work? is the design of a building as embodied in any 
>tangible medium of expression, including a building, architectural plans, 
>or drawings.  The work includes the overall form as well as the 
>arrangement and composition of spaces and elements in the design, but does 
>not include individual standard features."  17 U.S.C. § 101.
>
>
>
>STATEMENT
>
>An architect's design solution - concept design - is the core of 
>creativity in architecture and must qualify for copyright protection.
>
>An architect's concept design drawings and models comprise the essence of 
>the architect's creative work. They represent specific solutions to 
>specific design problems and cannot be defined as "general" and "preliminary".
>
>It is crucial that the Supreme Court clearly defines the protection that 
>the Copyright Act affords architectural work.  This will serve to prevent 
>a potentially devastating encroachment on the rights of creative and 
>innovative architects, thereby preserving inspiration, innovation, and 
>progress in architecture and urbanism.
>
>
>name    occupation      date    signature
>
>
>Please return this signed statement to my office as soon as possible
>
>
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