In the name of the architect

A student approached me one day and asked me how he can make sure that his client would never alter his design. I jokingly asked him in return if his design was worth preserving in the first place. He asked me to answer the question as if he were to be a great architect known throughout the world and whose works should be preserved. Anyway, he approached me at the very appropriate time --- when I was just stretching my arms and legs to take a break from my very, very busy day.

The design of the architect is protected by the Intellectual Property Rights Code of the Philippines (RA 8293). In fact, only the architectural profession has a special provision to protect the copyright of the architect’s design. Chapter VIII, Section 186 of RA 8293 states: “Work of Architecture. - Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original: Provided, That the copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which that copyright relates.”

It would be awkward for an architect to display images of his projects on the walls of his office then be told by visitors that those designs have been changed. In principle, the client should consult the architect if he plans to make any alterations to the design. We all know this. But we also know that most clients don’t bother, and that there are a lot of architects who don’t mind as well. The general perception is that the law is so distant that it can’t change this reality. But if you really want to ensure that your design gets built according to plan and remains that way for eternity, there is something you can do. Your main contract should have an addendum to this effect. This brings the law closer to home. The client would feel more obliged to comply.

A copyright, however, only has a life of fifty years. This means that after 50 years your client can do whatever they want with your beloved structure. But this is where the laws become very interesting. A building that remains intact for fifty years is technically considered a heritage structure. If you get the National Historic Institute (NHI) to proclaim it as such then the client would find it difficult to alter. The structure would now be in an environmentally critical area (ECA) and would require an environmental compliance certificate (ECC) to alter or demolish.

What if you died before the fifty years expired. How can you make sure that the remaining years of your copyright over the structure is covered? Well, when you get your license to practice, aside from registering with BIR and DTI, you should also register with the Intellectual Property Rights Office. In doing so you will be required to specify where to transfer your rights over your works in case of death. In principle, your structure is covered, unless your assignee doesn’t give shit about your work.

What about a case when another architect copies your design, or most of it? Well, it’s another matter to tackle. If the other architect copies your design faithfully, then he’s in big trouble. If he altered a few things then it can be a bit complicated, especially if the copied design is for another client and another site.

Anyway, after telling all these to my student he simply scratched his head, shrugged his shoulders then talked about boxing.