57 – Citations and reproductions of texts on architecture and urban planning.

This text is a translation of the text published in Brazilian Portuguese on August 04, 2024 (See 02 – Citações e reproduções de textos sobre a arquitetura e o urbanismo: https://arquiteturaeurbanismoindependentes.blogspot.com/2024/08/citacoes-e-reproducoes-de-textos-sobre.html).

 

In accordance with the provisions of Federal Law 9610/1998, which deals with copyright, I note that "the texts of literary, artistic or scientific works" (see item I of article 7) and projects, sketches and works of art concerning geography, engineering, topography, architecture, landscaping, scenography and science (see item X of article 7) are "protected intellectual works," exemplifying "creations of the mind, expressed by any means or fixed in any tangible or intangible medium, known or to be invented in the future" (see the heading of article 7). Although urban planning projects, subdivision projects and other land parceling projects are not expressly mentioned, I understand that they are encompassed by the terms "architecture" and "engineering" contained in item X of article 7 of Law 9610/1998.

Regarding the architectural project, I note that article 26 addresses the possibility of project's authors reject authorship of an architectural project altered without their consent during execution or after completion of construction. If owners or tenants, whether residents or businesses, make modifications and/or renovations to the property, I understand that there is a possibility that the authors of the original architectural projects for these properties may no longer assume responsibility. I consider it essential, however, to understand what these modifications and/or renovations consist of: whether they refer to the entirety of the property or a part of it; whether they are limited to the replacement of cladding materials; whether they involve the alteration of internal compartments, etc. I believe that the circumstances under which authorship is excluded should be investigated considering the specificities of each modification and/or renovation.

Regarding the texts of literary, artistic, or scientific works, I note that Article 46 outlines circumstances in which there is no infringement of copyright. Among these circumstances, I highlight those described in items III and VIII, as they guide the presentation of the texts on this blog, which is dedicated to the study and critique of architecture and urbanism.

Item III refers to “the citation in books, newspapers, magazines, or any other means of communication, of passages from any work, for the purposes of study, criticism, or debate, to the extent justified for the purpose to be achieved, indicating the name of the author and the origin of the work.” I understand that YouTube channels and blogs exemplify “any other means of communication.” This blog, therefore, brings citations of passages from texts and interviews, providing the identification of the authors and works to which these passages refer.

Item VIII refers to “the reproduction, in any works, of small excerpts from pre-existing works of any nature, or of an entire work, in the case of visual arts, provided that the reproduction itself is not the main objective of the new work and that it does not prejudice the normal exploitation of the reproduced work nor cause unjustified harm to the legitimate interests of the authors.” This blog covers occasional reproductions of “small excerpts from pre-existing works,” as these reproductions are not, in themselves, the main objective of each text. I do not foresee any harm to the normal exploitation, by the respective copyright holders, of the works from which I extract small reproductions. I even suggest reading these works in their entirety, as they are intellectually enriching.

 

References:

BRASIL. Lei nº 9610, de 19 de fevereiro de 1998. Altera, atualiza e consolida a legislação sobre direitos autorais e dá outras providências. Diário Oficial da União, Poder Executivo, Brasília, DF, 19 fev. 1998. Available on the website https://www.planalto.gov.br/ccivil_03/leis/l9610.htm. Accessed on July 10, 2024.