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Date of Award

4-22-2022

Author's School

School of Law

Degree Name

Doctor of Juridical Science (SJD)

Degree Type

Dissertation

Abstract

This dissertation argues for broader protection for architects, the copyright owner of architectural works, giving architects confidence in threatening litigation or settlement; however, this possible benefit may not be in keeping with the constitutional goal—promote the progress of useful arts in the United States; nonetheless, it contributes to flourishing the international architectural market. Take the Wangjing Soho dispute as an example; if there were complete protection, architects are not worried about the copycat internationally because complete copyright protection obligated by Berne Convention would provide them the confidence to create new buildings out of fear of copying by others. However, if without such protection, how is it in the United States? Pre-AWCPA still applies, e.g., plans are still not infringed by using them to construct the building architects depicted without their permission, and no protection for constructed buildings.

Chair and Committee

Kevin Collins, Supervising Professor

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