LEGAL ASPECTS

➢Arbitration - definition and advantages.

➢Sole and joint arbitrators.
➢Role of umpires, award.
➢Arbitration clause in contract agreement - Role of
architect, excepted matters.
➢Easement – meaning, types of easements.
➢Copy rights and patenting – provisions of copy right
acts in India, copy right in architectural profession.
➢Consumer Protection Act - intent, architects
responsibility towards his clients.
 ARBITRATION
➢ Arbitration has been defined as a method of resolving disputes between two
parties by a third party in architectural practice
➢ Disputes arising between the owner and his architect about quality of professional
services, lack of supervision, payment of fees etc.
➢ Disputes between the owner and the contractor in connection with a building
contract, payments, extension of time, rectification of defects.
➢ The arbitrator shall be appointed by the President, Council of Architecture.
➢ The arbitration shall be conducted as per the provisions of the ARBITRATION
AND CONCILIATION ACT 1996.
➢ The decision and award of the award of the arbitrator shall be final
and binding on the Architect and the Client
➢ Court – Lengthy process
➢ For the speedy settlement of matters, the process of Arbitration is built in the
contract condition
ARBITRATOR - He / She is the person to whom the dispute and
differences are referred for necessary adjudication.
ADVANTAGE OF ARBITRATION
a. Persons usually experts in the field are appointed and as such decisions will be fair and
refined and not involving any element of guess work. In case of a dispute concerning
building construction job, the person chosen as arbitrators are usually architects or
engineers who possess expert knowledge of the subject and are fully qualified to act as
arbitrators.
b. Legal formalities are cut short and decision can be reached in much shorter time as
compared to the time consumed in a court case.
c. Savings in cost
d. Time, date and place of meeting can be arranged so as to suit the convenience of all
concerned.
e. Privacy as hearing is not public
f. The arbitrator can view the subject at any convenient time.
g. Finality of the award. The arbitration and conciliation act 1996 deals with a number of
terms like
1. Arbitrator
2. Arbitral Tribunal
3. Arbitration Agreement
4. Arbitral Award
 ADVANTAGE OF ARBITRATION
COURT DISPUTES DISPUTES THROUGH ARBITRATION

Expensive Less Expensive

Time Consuming Quicker
Worst - leads to strained relation between the Relationship between parties remain
parties cordial
Arbitration proceedings are conducted in open Arbitration proceedings are conducted in
in court hall private
1. SOLE ARBITRATOR – When both the parties are agreed upon a person to act as
judge and appoint him/her, he/ she is known as SOLE ARBITRATOR. One party fails
to appoint his arbitrator within 30 days from the receipt of request of the other
party, the arbitrator appointed by the first party shall work as SOLE ARBITRATOR
2. JOINT ARBITRATOR – When both the parties don’t agree upon a single person,
each party appoints his own arbitrator and thus there are two arbitrators, they are
known as JOINT ARBITRATOR. For Joint Arbitrator an umpire is selected with the
consent of both the parties. In case of differences between the arbitrators the
decision of the umpire becomes binding to the parties entered into arbitration
 ROLE OF AN UMPIRE
UMPIRE – APPOINTMENT
1. Each party shall appoint on arbitrator and the two arbitrator shall appoint the
third arbitrator who shall act as UMPIRE.
2. In case, if a party fails to appoint an arbitrator within 30 days from the receipt of
a request to do so from the other party or the two appointed arbitrators fail to
agree on the third arbitrator within 30 days from the date of their appointments,
the appointment shall be made upon the request of a party, either by court or
by any person or institution designated by him.
POWER AND DUTIES
1. Award has to be given within 4 months from the date of entering upon the
arbitration reference or with in extended time limit
2. Person’s witnesses from each side appearing on oath have to be examined and
heard
3. On legal points opinion of the court may be sought
4. On application from both the parties time limit for declaration of award may be
extended or both the parties may be directed to apply to the court for necessary
extension of time limit
 ROLE OF AN UMPIRE
POWER AND DUTIES
5. Cost of arbitration and award and in what proportion the same has to be borne
by each party shall be decided by the arbitrators
6. Measurements and valuation and of the work may be decided
7. The arbitrators can decide upon the withholding of final certificate of architect
and determination of the contract by the contractor
8. Clerical or computation mistakes in the award may be corrected
 AWARD BY AN ARBITRATOR
An award by an arbitrator is a judgement by the private tribunal and hence it need not be in
any precise form or it need not contain technical phraseology. The award must be made
without undue delay as otherwise the arbitrator’s mandate can be terminated
1. Award must be in writing
2. It must be signed at any place either at top or at the bottom and it must be conclusively
evident that it was signed after it was written and not before.
3. It must be signed with an object of making the award. If it is signed after compelling the
parties for a compromise, it is not a valid award. When the arbitration agreement provides
for an award to be made by majority of arbitrators the dissenting arbitrators need not sign. It
is also not necessary that all the arbitrators should sign the award at the same time and
place. But they must all be present at the crucial time when the award was determined.
4. The award to be made on Stamp paper of Rs.100/- value. (in case of Court but this is safe
and secure)
5. It must be complete and final. There should not be any successive awards. In other words,
The award must be one and entire at one time covering all the matters referred to the
arbitration
6. It should not contain vague or indefinite clauses
7. Due notice should be given to the parties about the declaration of award.
 ARBITRATION AGREEMENT
➢ In order to resolve disputes through arbitration it is necessary that both the
parties agree in writing that they will resolve their disputes as provided in
the Arbitration Act of 1940 or its modification which will is act on
ARBITRATION AND CONCILIATION.
➢ This is normally done by inserting an appropriate clause in “LETTER OF
APPOINTMENT” given to the Architect or in the case of building contract,
in the contract between the owner and the contractor.
➢ IIA form of conditions of Contract has incorporated such a clause.
➢ The specimen letter of appointment recommended by Council of
Architecture provides for resolution of disputes between the owner and
his Architect by resorting to Arbitration
➢ It is a written agreement to submit present and future differences to
arbitration whether an Arbitrator is named there in or not
➢ CLAUSE No 56 in IIA form of contract is one of the ways in which a clause
relating to an arbitration agreement is provided
 ARBITRATION AGREEMENT
➢ Arbitral Award – Arbitrator Award which includes Interim Award
➢ Arbitral Tribunal – Sole Arbitrator or a panel of Arbitrators, Joint Arbitrator
➢ Court – means District Civil Court or High Court
➢ International Commercial Arbitration – means arbitration relating to a
dispute between an Indian or non Indian or a company or Government of a
foreign country
➢ Legal Representative – means a legally authorized person
➢ Party – means a party to arbitration proceedings
S. No. Sec. DETAILS
1 3 Any communication will be deemed to have been received when it is sent by
registered post or by a recorded delivery on the last known address
2 5 No Judicial authority will intervene in any arbitration proceeding unless it is
provided as such in this Act
3 7 Arbitration Agreement means an agreement by parties to submit to arbitration
all or certain disputes, present or future whether contractual or not. It will be
in writing. It can be signed document by the parties or an exchange of letters
or fax which provide a record of delivery
 ARBITRATION AGREEMENT
S. No. Sec DETAILS
4 10 Parties can determine the number of Arbitrators they wish to appoint. Uneven No

5 11 A person of any nationality can be an Arbitrator. If parties fail to agree on

appointment of sole arbitrator or three arbitrators, each party will nominate on
arbitrator. These two arbitrator will nominate the third Arbitrator who will act as
the UMPIRE or Presiding Arbitrator. In International Commercial Arbitration,
Chief Justice will appoint as sole Arbitrator a person of any nationality other than
that of the parties to the dispute
6. 12 When a person is first approached for appointment as an arbitrator he shall
disclose in writing any circumstances likely to give rise to justifiable doubts as to
his independence or impartiality. A party can challenge the appointment of an
Arbitrator appointed by him/her only if he/she comes to know about the reasons
of his objections after the appointment is made.
7. 14 The mandate of an arbitrator shall cease if he becomes unable to perform his
function or fails to act; he agrees to withdraw from the arbitration or the parties
agree upon termination of his mandate. If controversy arises the court’s
intervention will be necessary
 ROLE OF PROJECT ARCHITECT IN ARBITRATION
A Project Architect plays a dual role in Arbitration
1. CLAUSE 55 of IIA – Form of Contract – he acts as “QUASI1-ARBITRATOR” to give his
decision on “Excepted Matters” referred to him/her by one of the parties. His
decision on such matters is final and binding on both the parties
2. Project Architect is required to supply whatever information the Arbitrators require
in connection with the reference. This could include copies of correspondence,
drawings, site supervision memos or such other things which are relevant to the
dispute.
3. In some matters he may be requested to appear before the Arbitrators to clarify
certain points or decision he may have given from time to time.
4. In such cases Project Architect performs his/her duty as an independent witness
and is expected to co-operate with Arbitrators to the best of his ability.
5. Arbitrators are always conscious of the professional status of the Project
Architect.
6. They invariably fix the dates for his/her appearance according to his/her
convenience and see that he/she appears before them only when it becomes
absolutely necessary
1- Partially
 EXCEPTED MATTERS
CLAUSE TITLE DETAILS
NO

5 of IIA Interpretation If there is any error or inconsistency in the drawings furnished of

Form of of Contract Project Architect or his interpretation of his drawings will be final.
Contract drawings and Such discrepancies could be related to the scale of drawings,
further details dimension of certain parts of buildings or description of certain
finishes
9 of IIA Architect’s Architect is empowered to issue instructions to contractors from
Form of inspection of time to time. Such instructions are normally issued in writing, if
Contract work and his given in orally or mobile, the same is required to be confirmed in
opinion writing by Architect before he issues the FINAL CERTIFICATE OF
PAYMENT
19 of Contractor’s Field Organization, equipment's including engineer in charge
IIA Form field necessary office accommodation, sanitary convenience and all
of organization tools and plants – disputes – Decision of Project Architect is final
Contract
 EXCEPTED MATTERS
CLAUSE TITLE DETAILS
NO
25 of Assignment The contractor will seek Project Architect’s permission to either
IIA Form or Sub-letting assign or sub let a part of the contract work. Project Architect will
of of work not un-reasonably withhold such a permission but if the Project
Contract Architect refuses to give such a permission, his decision is final.
The contractor have to obey or find another agency acceptable to
the Project Architect
26 Main- Sub Contractor involved in the project with the knowledge and
contractors consent of the Project Architect. The Project Architect can advise
and the owner to make direct payment to sub contractors if the main
nominated contractor has not paid him his dues and deduct the same from
sub- the main contractor bills. The decision to use of providing facilities
contractors like water, electricity, scaffolding, sanitary convenience for workers
storage facilities at the site by main contractor to all sub contractor
for their respective sub contract works, given by the Project
Architect is final
 EXCEPTED MATTERS
CLAUSE TITLE DETAILS

36 Material and Relevant Code of ISI specification and of approved type. Permission
Workmanship for using equivalent quality of materials, inspection and testing of
materials and removal of defective ones. Project Architect decision is
final
40 Extension of Under 10 grounds – contractor can request for extension of time
time to be 1. Force Majeure
given for 2. Exceptionally Inclement Weather
completion of 3. Civil Commotion, strikes etc
work 4. Delay on the part of Nominated sub-contractor or Nominated
Supplier
5. Delay on account of artists and tradesmen engaged by the owner
6. Loss and damage due to fire
7. Inadequate instructions from the Project Architect
8. Instruction to carry out extra work
9. Opening up of any work not due to the fault of the contractor
10. The contractor inability to procure certain labour or goods which
he could not have foreseen at the time of signing the contract.
 EASEMENT
➢ Easement is the right of a land owner to enjoy limited use of land of
another land owner
➢ DOMINANT HERITAGE & OWNER – The land for the beneficial
enjoyment of which the right of easement exists is called “Dominant
Heritage” and the owner or occupier of that land as “Dominant
owner”
➢ SERVIENT HERITAGE AND OWNER - The land on which the liability is
imposed is called “Servient heritage” and the owner or occupier of
that land as “Servient Owner”
 INDIAN EASEMENT ACT 1882
➢ THE INDIAN EASEMENT ACT 1882
➢ 6 Chapter
1. Easement is defined with illustrations
2. Imposition, acquisition and transfer of Easement
3. The incident of Easement
4. The disturbances of Easement
5. Extinction, Suspension and revival of easement
6. Grant of licenses
TYPES OF
EASEMENT

Right of way Right to enjoy light Right to get water Right for drain or
through neighbours and air from the from neighbours sewer pipe through
land adjoining land well adjoining land
 EASEMENT RIGHTS
➢ The word land in such cases includes things which are permanently
attached to the land such as buildings, trees, compound walls and
other features.
➢ The word “beneficial enjoyment” includes advantages and amenities
such as water supply, drainage lines, electric cables etc.
➢ Some of the common types of easement are right of way through
neighbours land, right to enjoy light and air from the adjoining land,
right to get water from neighbours well, right drain and sewer pipe,
right to graze cattle etc.
EASEMENT
RIGHTS

BY BY EXPRESS BY IMPLIED
BY CUSTOM
PRESCRIPTION GRANT GRANT
 EASEMENT RIGHTS
1. EASEMENT BY PRESCRIPTION – When an owner allows people to
pass through his land without any objection or obstruction for a
continuous period of 20 years or allows the neighbour to enjoy
light and air from his property the easement that is created is
known as easement of Prescription
2. EASEMENT BY EXPRESS GRANT – When an owner permits people to
pass through his with full knowledge and consent or creates some
kind of right through a written agreement it is know as express
grant or convenant
3. EASEMENT BY IMPLIED GRANT – When a owner does some kind of
act which implies creation of certain right over his property it is
know as implied grant. (Sell a blocked land with access facility)
4. EASEMENT BY CUSTOM – When people enjoy certain rights to
make use of a piece of land for a social activity, year after year, as a
custom, it is said to be an easement of custom
 EASEMENT
• Easement are either continuous, discontinuous, apparent or non
apparent.
• CONTINUOUS EASEMENT – A continuous easement is one whose
enjoyment is, or may be, continual without the act of man. (Right -
light and Air)
• DISCONTINUOUS EASEMENT – A discontinuous easement is on that
needs the act of man for its enjoyment (Right of way- passing thro
land)
• APPARENT EASEMENT – A apparent easement is one the existence
of which is shown by some permanent sign which upon careful
inspection by a competent person would be visible to him
• NON-APPARENT EASEMENT - A non-apparent easement is on that
has no such sign.
 EASEMENT RIGHT
• EASEMENT IN A JOINT PROPERTY – If a land belongs to two or more
owners all have the same rights and privilege of ownership and
enjoyment of the property, hence no single owner can claim an
exclusive easement
• RIGHT TO OVERHANG BRANCHES OF TREES – The right of one
owner to allow his trees to spread branches over the neighbour’s
land is not an inherent right; nor can it be an easement. The
neighbour can trim the branches if he/she want to.
• PROJECTION OF EAVES (PANKH) – If the age of roof of one owner
projects over the land of another for a continuous period of 20
years it amounts to prescriptive easement. The servient owner
cannot compel the dominant owner to remove the projected
portion. He is required to allow him the right without any
obstruction. However such an easement does not give the
dominant owner any other right or title over the servient heritage
 EASEMENT – RIGHTS OF PATH
• The right to pass through some one else’s property is acquired either by through
prescription or expressed grant.
EASEMENT BY PRESCRIPTION EASEMENT BY EXPRESS GRANT
When a person uses a portion of land without An Easement of right of way can be
the knowledge and consent of its owner such extinguished if both the owners agree to do
as pedestrian path way or for plying any so in writing. If mutually agreed the size
vehicle for a continuous period of 20 years position of the affected strip of land can be
without even once being prevent from doing altered, so as to allow the servient owner to
so, then the person acquires an easement of develop his remaining portion of land in his
right of way by prescription desired manner.
At times the servient owner is required to pay
financial compensation or make some other
kind of arrangement to extinguish the
easement.
It is rare cases, it will be for limited period. It
is given in perpetuity
 EASEMENT – RIGHTS OF PATH
EASEMENT BY EXPRESS GRANT EASEMENT BY IMPLIED GRANT
Right of way through a neighbour’s land can
be acquired through an implied grant
For example, when a person sells a portion of
his land which does not have a direct access
of its own, it is implied that he would permit
the purchaser to pass through his remaining
portion of land. Normally such a right is given
in the conveyance deed itself
However even if it is not expressly written in
the conveyance deed, it is implied, as no
person can sell a portion of land without
giving access to it
 PREVENTION OF EASEMENT RIGHTS PATH
• If owner A finds that owner B or other members of public are
passing through his land; he/she must erect a fence around his land
to prevent people from using his land as a thoroughfare.
• In many cases apart from a fence, a sign is fixed at prominent place
to warn people that they may be prosecuted for trepassing
• If despite a fence and warning sign, people persist in passing
through his land, he must lodge a police complaint against the
trespassers and get them arrested
• As an alternative he must provide security staff who will prevent
trepassing
• If the owner A has maintained the record of police complaint and
photographs fence etc, A CLAIM OF EASEMENT CANNOT SUCCEED
 EASEMENT OF LIGHT AND AIR

EASEMENT BY PRESCRIPTION
EASEMENT OF LIGHT AND AIR
PREVENTION OF EASEMENT OF LIGHT AND AIR
EASEMENT OF WATER SUPPLY
PREVENTION OF EASEMENT OF SERVICES

DOMINANT OWNER (A)

SERVIENT
OWNER (B)
 PROTECTION OF EASEMENT OF SUPPORT

EXTINCTION OF EASEMENT
EXTINGUISHING EASEMENT
EXTINGUISHING EASEMENT
ADVERSE POSSESSION
PREVENTION OF EASEMENT
 LICENCE
LICENCE
➢ Licence is a written permission given by the owner of a land to
another person or persons for doing particular act on his land or
property for a limited period.
➢ Such acts can be gathering of fruit, fishing in lake or well using it as
an open stacking place or some such act
➢ Such licence can be terminated by either party on giving a written
notice even before the expiry of period of licence by making such a
provision in the agreement
➢ A licence is normally given on payment a licence cannot become a
tenant
 LEASE
LEASE
➢ Lease of land is quite distinct from an easement or a licence.
➢ Lease – a contract by which one party lets the land or the buildings or the services
to another for a specified time in return for a payment
➢ Lessee – a person who holds the lease of a property, a person receiving the lease
rights
➢ Lessor - a person who leases or lets out a property to other person. A person giving
the lease rights.
➢ In the case of a lease, the owner of the land the LESSOR gives it to a LESSE for a
period of 10, 20 or 99 years on payment of ground rent
➢ A legal lease deed is entered into between the lessor and the lessee, stipulating
various conditions of lease
➢ Depending upon the period of lease, the lesse can build either a temporary or
pucca building on the leased land
➢ A lessee pays a certain amount as ground rent to the lessor during the lease
period, A lessor is required to disclose existence of any easement at the time of
giving lease.
THE CONSUMER PROTECTION ACT 1986
➢ This act protects the interest of consumers and for the purpose it
makes provision to establish consumer councils/forums
➢ The act was applicable to whole of India except Jammu and Kashmir
with effect from 15-4-1987.
➢ The Act was amended and enforced with effect from 18th June 1993.
➢ In the act, the “Consumer” is defined as a person who either buys
any goods or hires any services for a consideration which has been
paid or promised to be paid under any system.
➢ With this definition the persons who receive or likely to receive
plots or houses from any agency are consumers.
➢ The act defines that term “Consumer dispute” that means a dispute
where the person against whom a complaint has been made,
denies/disputes the allegations contained in the complaint.
➢ The central and state consumer protection councils are established
under this act to promote and protect the rights of the consumers.
THE CONSUMER PROTECTION ACT 1986
➢ The council shall meet as and when necessary but at least once in
every year to carry out their objectives.
➢ Provision also exists in the at to establish “Consumer Disputes
Redressed Agencies/District Forums” in each district and “State
Commission” in the state by state governments and also a “National
Commission dispute Redressed Commission at National level”
➢ Any person aggrieved by the order of District forum, may appeal to
the state commission against such order within a period of 30 days
from the date of the order.
➢ He can further approach to the National Commission against the
order made by the state commission.
➢ He may also appeal to the Supreme Court for consideration of
justice
Supreme Court for
District Forum State Commission National Commission
Justice
THE CONSUMER PROTECTION ACT 1986
➢ Every order made by District Forum, State Commission or National
Commission shall be enforced in the same manner as if it were
decree or order made by court.
➢ If person concerned fails to comply the order made by either District
Forum or state commission or the National Commission the person
shall be punishable with imprisonment for a term which shall not be
less than one month and extended up to three years and or a fine
up to Rs. 10000/-
PUNISHMENT – LESS THAN ONE MONTH – MAXI 3 MONTHS & FINE UPTO – Rs10,000/-
THE CONSUMER PROTECTION ACT 1986
➢ The Architects - legal action -buildings or any other built form
collapses -without inquiring their faults and circumstances leading to
the collapse.
➢ Architects have brought disrepute, embarrassment and mental agony
when they are unconnected with reasons responsible for the collapse of
building.
➢ Professional liability of architects for the buildings - designed,
construction and completion is supervised by them and thereafter,
remain under the control and management of owners/ occupants, and
not under the superintendence of an architect who was originally
engaged for the design and supervision of construction. In reality, the
longevity and stability of the building are dependent upon the
observance of safety and maintenance norms.
THE CONSUMER PROTECTION ACT 1986
➢ SERVICE : "Service", as defined under Section 2 (1) (o) of the Consumer
Protection Act, 1986, means service of any description which is made
available to potential users and includes the provision of facilities in
connection with banking, financing insurance, transport, processing,
supply of electrical or other energy, board or lodging or both, housing
construction, entertainment, amusement or the purveying of news or
other information, but does not include the rendering of any service
free of charge or under a contract of personal service. In other words,
rendering professional service by an architect for "consideration" falls
within the ambit of "service". The relationship between the Client and
the Architect is that of recipient and provider of service. The
professional services rendered by the architect mean the services
rendered pursuant to the Conditions of Engagement and Scale of
Charges, entered into between the Client and the Architect.
➢ DUTY OF CARE : Architect – a reasonable degree of knowledge and skill
and must exercise a reasonable degree of care
THE CONSUMER PROTECTION ACT 1986
➢ Duties: The duties that are required to be performed by an
architect for various types of projects have been prescribed by the
Council of Architecture under the Conditions of Engagement and
Scale of Charges for respective areas in the field of architecture.
The documents stipulate the parameters within which the
Architect is required to function. However, the Conditions of
Engagement and matters related therewith for a given project shall
be carried out in accordance with the terms and Conditions of
Agreement executed between the Client and the Architect.
 PRECAUTIONS TO CONTROL LIABILITY
1. He/ She should not sign any letter or document which he has not understood clearly. He/
She should take his time, consult a senior Architect or a lawyer to understand its
implication
2. He/She should never promise anything which he/she cannot deliver in time or within its
financial limit.
3. He should inform his client about any change made in the design or work schedule any
statutory order affecting the progress of the work explaining its implication as quickly as
possible
4. He/She should report to civic authorities any violation of rules and regulations affecting
the project under his control, especially safety of building whether it is done by the
contractor or the client himself.
5. He/ She should make sure that the wording of any certificate or a letter he issues fairly
and impartially reflect the limits of his authority
6. He/She must obtain a letter of appointment as recommended by Council of Architecture
so that the scope of his/her services and limits of his/her liability are clearly defined

One must remember that unless one has taken proper precautions against known pitfalls
somebody else cannot bail out a victim completely.

OUT OF SYLLABUS
 THE COPYRIGHT ACT 1957
➢ Copyright is the exclusive right granted by law for a certain number of
years to make and dispose of a literary, musical or artistic work.
➢ Architectural copyright means the right to use Architectural drawings,
sketches etc for building or for publication for profit
➢ The Copyright Act 1957 – governs all matters connected with
copyright
SECTION PARTICULARS
DEFINITIONS
➢ Artistic work means an Architectural work of art
➢ Architectural work of art means any building or structure having an artistic
character or design or any model of such building
2 ➢ Author means the Architect who has designed as building or prepared
drawing
➢ Exclusive License means a license or authority which is conferred on the
license exclusively. It means in other words that if the license is the client or
any person authorized by him will have the exclusive right comprised int the
copyright to the exclusion of all other persons including the Architect
 THE COPYRIGHT ACT 1957
SECTION PARTICULARS
➢ Provides that no person unless he/she is authorized in writing by the owner
of copyright can publish any architectural drawings, photographs or models of
any building designed by the Architect
3 ➢ Drawings and Photographs printed and published as a part of architectural
criticism are excluded
➢ Copyright shall subsist in any architectural work of art location in India.
➢ The copyright shall subsist only in the artistic character of the design of a
building
13 ➢ If the process or method of design is sought to be protected, the author will
have to obtain a patent under the PATENT ACT
14 ➢ The meaning of copyright is the exclusive right to reproduce the work in any
material form or to publish the work for profit or gain
➢ It defines the “FIRST OWNER OF COPYRIGHT”. It says that in case the author
of the design is employed or is working as an apprentice his employer shall be
17 the first owner of the copyright
 THE COPYRIGHT ACT 1957
SECTION PARTICULARS
➢ The owner of copyright can assign his copyright in writing in an existing work
or future work to any person either wholly, partially, conditionally or
unconditionally
18 ➢ The owner of copyright can make condition that certain payments will be
made to him or that the copyright will be assigned only for a limited period
➢ It can even be restricted to printing it in the form of an article or album
➢ When the copyright is assigned in writing to a person, who is not its author,
he is regarded as the owner of copyright.
➢ This provision applies to the legal representative or successor of such an
assignee after his death.
19 ➢ The assignment of copyright must be made in writing

22 ➢ The period of copyright is restricted to 60 years from the death of its author

➢ There should be a specific provision in the letter of Appointment given by the client that
the copyright in the design will vest in the Architect. Alternatively it should stipulate that
the appointment is as per the conditions of engagement as prescribed by the council of
architecture
 COPYRIGHT – ARCHITECTURE PROFESSION
➢ Every drawing should bear the sign with the name of the architect and the date of
preparation of drawings preferably in the right hand top corner of the drawing or
somewhere in the notes written on the drawing
➢ A record of all the drawing issued to contractor should be kept by the Architect. All
these drawings whether intact or mutilated must be returned by the contractor
before the “FINAL CERTIFICATE OF PAYMENT” is issued to him. Two sets of working
drawings are issued to the contractor, one to be kept at the site and the other
which he kept in his/her office for planning execution schedule. Usually the set
kept in the office is not mutilated or disfigured.
➢ Architectural copyright means the right to use drawings, sketches, models etc
prepared by the Architect for building buildings or for publication for profit. This
right belongs to every Architect who produces an original design whether it is for a
client or for an Architectural competition.
➢ The client has a right to keep the drawings for carrying out repairs additions etc,
but he cannot use them for building another building or for any other purpose
without the Architect’s permission
 REFERENCE
1. Prof. S. C. Garg and Dr. Yogesh K.Garg, Professional Practice of Architecture, Satya Prakashan, New
Delhi, 2020-2021
2. Ar. V. S. Apte, Architectural practice and procedure, Maharashtra Mudranshala Chhapkhana(offset
Division), Pune, 2008
3. Prof Madhav deobhakta, Architectural practice in India, Super book house, Mumbai, 1997
4. Dr. Roshan H. Namavati, Professional Practice (with elements of estimating, valuation, contract and
arbitration), Lakhani book depot, Mumbai, 2013
5. M. Chakraborti, Estimating Costing Specification and Valuation in Civil Engineering (includes computer
estimation), Monojit Chakraborti published, Kolkata, 2013
6. S. C. Rangwala, Estimating Costing and Valuation (Professional Practice and Quantity Surveying),
Charotar publishing house pvt ltd, Gujarat, 2013.
7. Raj Kumar Oberoi, Handbook of Professional Documents 2020 Council of Architecture, Mittal
Enterprises, Delhi, 2020

• https://www.proeducate.com/courses/FLRE/Section9-7.pdf
• https://www.allbusiness.com/barrons_dictionary/dictionary-dominant-tenement-4963822-
1.html
• https://www.slideserve.com/anika/easement-powerpoint-ppt-presentation