直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

INCONTESTABLE® Blog

Second Circuit Rejects Labeling Architectural Works as Compilations, Focuses on Originality

June 20, 2014

Authored and Edited by Brian R. Westley

The Second Circuit has ruled that architectural works cannot always be neatly categorized as compilations of unoriginal material, casting aside the Eleventh Circuit’s reasoning in a 2008 case.

Zalewski v. Cicero Builder Developer, Inc., decided earlier this month, involved architect James Zalewski, who licensed several designs for colonial homes to two construction companies. Zalewski alleged the companies infringed his copyright in the designs by using them after the licenses expired. Zalewski asserted the companies copied the overall size, shape, and silhouette of his designs as well as the placement of rooms, windows, doors, closets, stairs, and other architectural features.

The construction companies relied on Intervest Construction, Inc. v. Canterbury Estate Homes, Inc. in arguing that Zalewski’s designs did not merit copyright protection. 554 F.3d 914 (11th Cir. 2008). In Intervest, the Eleventh Circuit held that copyrighted works fall into one of three categories: creative (e.g., original works such as a novel); derivative (variations of original works, such as a screenplay based on a novel); or compilation (a work formed by assembling preexisting individual works which may be unoriginal in such a way that the resulting work as a whole constitutes an original work of authorship). Id. at 919, n.3. The Eleventh Circuit determined that architectural works are compilations entitled to only a thin copyright based solely on their “arrangement and coordination” of unoriginal elements.

The Second Circuit criticized the Eleventh Circuit’s reasoning as overly simplistic, explaining that not all architectural works consist solely of unoriginal elements. “Some architectural designs, like that of a single-room log cabin, will consist solely of standard features arranged in standard ways; others, like the Guggenheim, will include standard features, but also present something entirely new. Architecture, in this regard, is like every art form.” 2014 WL 2521388, at *5 (2d Cir. June 5, 2014).

The real issue, the Second Circuit explained, is to determine what elements of an architectural work are original and therefore protectable, versus what elements are standard and thus not protectable.

In this case, the Second Circuit ruled that the construction companies did not infringe Zalewski’s copyrights because they used only the standard, unprotectable elements of his designs. “Plaintiff can get no credit for putting a closet in every bedroom, a fireplace in the middle of an exterior wall, and kitchen counters against the kitchen walls.” Id. at *7. The court further explained that consumers expect colonial homes to reflect a certain style, and the use of such elements should not receive copyright protection.

Tags

architectural works

Copyright © 2014 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. 


DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Related Insights

Federal Circuit IP Blog

Federal Circuit Vacates and Remands Infringement and Damages Judgment After Erroneous Verdict Form and Eligibility Analysis

July 8, 2026

Federal Circuit IP Blog

“2” Does Not Provide Written Description Support for “1”: Federal Circuit Affirms District Court’s Invalidation of Patent

July 8, 2026

At the PTAB Blog

Federal Circuit PTAB Appeal Statistics for March–May 2026

July 2, 2026

Articles

EPR Academy, Part 4 of 6: Choosing Between EPR, IPR, PGR, and Reissue

July 1, 2026

Articles

Article_D.-Mass-Patent-Litigation-Update-October-2024

D. Mass. Patent Litigation Update: May 2026

June 30, 2026

Articles

How Low Can You Go? Courts Lower Marking Defense Burden, Raising Patent Damages Risks

June 29, 2026

Federal Circuit IP Blog

Redesigns Done Right at the ITC: Federal Circuit Affirms ITC Determination of Noninfringement of Redesigned Products

June 26, 2026

Federal Circuit IP Blog

Federal Circuit Affirms Noninfringement Ruling in Hatch-Waxman Litigation Based on Claim Construction, Prosecution History Estoppel, and the Disclosure-Dedication Rule

June 26, 2026

Federal Circuit IP Blog

Mere Invalidity of Asserted Claims Does Not Render Patent Infringement Case Exceptional or Warrant Sanctions

June 26, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP