A Study of Copyright for Protection of Schematic Design in Architecture - Focused on the Comparison with Applied Art -

기획 및 계획설계 단계의 저작권 보호를 위한 연구 - 응용미술저작권과의 비교를 중심으로 -

The purpose of study is to provide the basis to improve the protection for the architectural idea through copyright, especially focused on the phase of preliminary and schematic design. The process of architectural design has four major criteria, such as pre design, schematic design, design development, construction document. The beginning stage of architectural design needs the most creativity among other stages, which therefore needs proper copyright protection. In this context, the study examined general history of the development of copyright law in Korea analyzing the effects of the architectural professions. The development of copyright act of applied art has been focused to analyze the idea protection comparing with the architectural design protection. Research approach has been made with the discussion on the similarities and differences of design idea protection between architectural design and the applied art, various cases of the claims in architectural fields. In conclusion, the findings have been discussed to improve the protection of the idea of schematic design, which has been often claimed recently. The separation of the design and products in the field of applied art could be a model case to apply to improve design protection in the architectural profession. It needs to study broadly collaborating with architectural institute to improve the copyright protection act for moral right and property right in order to improve the status of the architects in Korea.