Someone Else’s Project, Your Own Problems: A Legal and Ethical Guide to Using Architectural Solutions in Ukraine

“I Want a House Like in This Picture” – A Trap for Both Client and Architect

In today’s world, saturated with visual information, a typical conversation between a client and an architect often begins with the phrase: “I want the same house as in this photograph from Pinterest.” This seemingly innocent request, aimed at simplifying communication and clearly defining the desired result, is actually an entry into a complex labyrinth of legal, financial, and reputational risks. The client, inspired by the aesthetics of the found image, rarely thinks about the fact that behind the beautiful facade stands the intellectual work of a specific author, protected by law. The architect, in turn, finds themselves facing a difficult choice: refuse the client, risking losing the order, or agree to “creative reworking,” stepping onto the thin ice of copyright law.

The central question that arises in such a situation lies in determining the boundary between lawful use of a source of inspiration and unlawful copying, which qualifies as plagiarism or copyright infringement. This boundary is much clearer than it might seem at first glance, and crossing it can have devastating consequences for all participants in the construction process: the client, who may receive a lawsuit and an injunction to rebuild an already constructed building; the architect, who faces not only financial liability but also loss of professional reputation; and the construction company, which risks becoming an accomplice to a legal violation.

Platforms such as Pinterest operate based on user agreements that provide a license to view and distribute content within the platform itself, but categorically do not grant the right to reproduce objects depicted in photographs in the real world. A key legal principle that is often ignored is that copyright on an architectural work arises automatically at the moment of its creation and fixation in any objective form (for example, drawings or computer models) and does not require mandatory registration to obtain protection. Thus, every project, visualization, or photograph of a built house found on the internet has an author by default and is a protected object of intellectual property.

This situation creates a critical asymmetry of risks and information. The client, unfamiliar with the intricacies of intellectual property legislation, initiates a potentially unlawful action. The architect, as a professional, finds themselves in the role of a legal and ethical “filter.” Their reaction to the client’s request determines the subsequent legal fate of the entire project. By agreeing to copying, they trigger a chain reaction of responsibility that spreads to builders and, ultimately, to the property owner. Therefore, this first conversation is the most important stage of risk management in the project lifecycle, and its consequences may manifest years later in the form of lawsuits and significant financial losses.

Architectural Work Under Legal Protection: What Exactly Is Protected?

To understand the scale of responsibility, it is necessary to clearly define what exactly the law considers an object of protection in the field of architecture. This concept is significantly broader than just a finished building and encompasses the entire creative process from idea to its material embodiment.

2.1. Legal Basis for Architectural Copyright in Ukraine

Protection of architects’ rights in Ukraine is based on a solid legal foundation that includes both national legislation and international agreements. The main regulatory acts are the Constitution of Ukraine, the Civil Code of Ukraine (CCU), and the Law of Ukraine “On Copyright and Related Rights.” These documents establish the basic principles of intellectual property protection.

An important element is Ukraine’s participation in the Berne Convention for the Protection of Literary and Artistic Works. This means that Ukrainian legislation is harmonized with international standards, and works by Ukrainian architects automatically receive protection in member countries of the convention, just as works by foreign authors are protected on the territory of Ukraine.

2.2. Definition of “Architectural Work”: From Sketch to Structure

The law provides a broad definition of what constitutes a “work of architecture.” According to Article 433 of the Civil Code of Ukraine, objects of copyright include “works of architecture, urban planning, and landscape gardening art.” It is important to understand that protection applies not only to the final product (built object) but also to any form of expression of the author’s creative intent.

This includes:

1. Graphic and plastic materials: sketches, illustrations, plans, drawings, facades, perspectives related to architecture.
2. Three-dimensional models: mockups and other three-dimensional embodiments of the project.
3. Project documentation: the architectural part of the project containing unique artistic and spatial solutions.
4. Built objects: houses, structures, complexes, gardens, parks as the final material embodiment of the creative intent.

The law clearly establishes that works are objects of copyright regardless of their completion, purpose, value, or method of expression. This means that even an unfinished sketch project that was never realized has the same level of legal protection as a world-famous building.

2.3. Critical Distinction: Idea Versus Form of Expression

One of the fundamental principles of copyright law is the distinction between an idea and its form of expression. The law protects not an abstract idea but its specific, original embodiment. Ukrainian legislation directly states that copyright does not extend to “ideas, processes, methods of activity, or mathematical concepts as such.”

In practice, this means that an architect cannot obtain a monopoly on the “idea of a minimalist house with a flat roof and panoramic windows.” This concept is publicly available. However, they have exclusive rights to their unique project of such a house: specific proportions, planning solutions, unique combination of materials, original facade details, and other elements that together create an original work. It is the copying of these specific solutions, not the general stylistic direction, that constitutes copyright infringement.

2.4. Emergence of Copyright: Automatic Protection and the Role of Registration

In Ukraine, as in most countries of the world, copyright arises automatically at the moment of work creation. No registration or performance of other formalities is required for its emergence and protection. As soon as an architect fixes their creative intent in any material form (on paper, in a computer program file), their work is already under legal protection.

At the same time, there is a procedure for voluntary state registration of copyright at the Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI). Although registration does not create the right itself, it serves as a powerful tool for its protection. A registration certificate is an official document that establishes a presumption of authorship: the person indicated in the certificate is considered the author until proven otherwise in court. This significantly simplifies the process of proving one’s rights in case of a dispute.

The peculiarity of architectural copyright lies in its “dual nature,” which creates unique and long-term risks for property owners. The law protects both the project documentation and the building constructed based on it as different forms of expression of the same work. At the same time, the legislator clearly separates copyright on the work (right to design) and property rights to the material object (right to brick and concrete). This means that one can buy a house but not obtain the rights to its design. If a developer built a cottage using a stolen project, they create a “counterfeit object.” The owner of this house owns the physical structure, but the author of the original project retains rights to its architectural appearance. This creates a legal defect in the legal title to the real estate. The original author can demand through court not only compensation from the developer but also cessation of the violation, which may be expressed in the demand to change the building’s facade to eliminate elements that copy their work. This leads to unpredictable and colossal expenses for the property owner after construction completion.

Inspiration or Plagiarism? Legal Analysis of Borrowing in Architecture

Understanding where creative borrowing ends and unlawful copying begins is key to avoiding legal problems. In architecture, where all creators rely on the experience of predecessors and existing styles, this issue is particularly acute.

3.1. Definition of Plagiarism and Copyright Infringement in Architectural Context

Legally, plagiarism is “appropriation of authorship” of someone else’s work or part of it. This means that a person presents someone else’s work as their own.

Copyright infringement is a broader concept that includes any unauthorized use of a work: copying, reproduction, adaptation, distribution, etc., even without appropriation of authorship.

When considering infringement cases, courts evaluate not just the presence of similar elements but their “substantial similarity.” They analyze whether the copied parts of the work are original and creative, or whether they are standard, functional, or commonly used elements that are not protected by copyright. For example, copying a standard rectangular window would not be an infringement, but copying a unique author’s window frame design or the entire facade as a whole would be. Examination evaluates not the number of differences but the significance and creative level of similarities regarding key characteristics of the protected work.

3.2. In-Depth Analysis of the “Pinterest Problem” and Its Legal Realities

Returning to the scenario with a photograph from the internet, its legal analysis looks as follows:

1. Rights to the photograph: The photograph itself is a separate object of copyright belonging to the photographer. Its use (for example, publication on a construction company’s website) requires their permission.
2. Rights to the architectural work: The building depicted in the photo is another object of copyright belonging to the architect. To build the same or very similar house, it is necessary to obtain a separate license from this architect.

Simply finding an image on the web does not grant any rights to reproduce the work depicted in it. The only lawful path is to use the image exclusively as a source of inspiration for creating an absolutely new, original project, or to contact the author of the original project and legally purchase it or obtain a license for use.

3.3. Nuances of Using “Standard Projects”

“Standard projects” are a common solution for saving on individual design but often become a source of misunderstandings. It is important to understand that a standard project is not public domain but a commercial product sold under the terms of a specific license agreement.

While certain adaptations, such as adjusting the foundation to the geological conditions of the site, are usually permitted, any substantial changes (changing planning, materials of load-bearing structures, external appearance) may require the consent and participation of the author of the original project. Many design bureaus directly specify that all changes to the standard project should only be made by the author, as this guarantees preservation of structural reliability and integrity of the concept, and also does not violate copyright.

3.4. Unauthorized Reuse and Project Modification

A critically important aspect is that a license to use an architectural project, unless otherwise directly specified in the contract, is granted for one-time implementation. The Law of Ukraine “On Architectural Activity” clearly establishes: “Use of a project of an architectural work… for implementation is permitted only once.”

Repeated use of the same project, for example, by a developer to build several identical cottages in a settlement, requires obtaining separate consent from the author and payment of author’s remuneration for each object.

Similarly, making any changes to the project without the author’s consent is a violation of their personal non-property right to integrity of the work. The author has the right to oppose any distortion, mutilation, or other change to their work that may harm their honor and reputation.

The market for standard projects creates conditions for so-called “moral hazard” and a false sense of security, leading to mass, albeit minor, violations that are dangerous from both legal and structural points of view. First, the client buys a standard project to save money. Then the desire arises to make changes to “personalize” the housing. For further economy, another, cheaper specialist is hired to make these changes, or instructions are given directly to builders on site. Such actions simultaneously create two serious risks. First, this is a direct copyright violation, as an unauthorized derivative work is created. Second, this creates significant risk for structural safety, as changes are not analyzed by the original author who calculated loads and ensured integrity of the initial project. Thus, economic pressure leads to a chain of events: purchase of licensed product → desire for personalization → bypassing the author for economy → creation of legally problematic and potentially dangerous building. This shows that copyright in this context protects not only creativity but is also functionally linked to public safety and construction quality control.

The Price of Error: Types of Liability for Copyright Infringement

Neglecting intellectual property rights in architecture can lead to serious legal consequences. Ukrainian legislation provides for three types of liability for such violations: civil, administrative, and criminal. It is important to note that these types of liability are not mutually exclusive and can be applied to the violator simultaneously.

4.1. Civil Liability

This is the most common way to protect an author’s rights. The copyright owner whose rights have been violated can go to court with a lawsuit. Within civil proceedings, they can demand:

1. Compensation for damages: This may include both actual damages (for example, the cost of a license that the violator should have paid) and lost profits.
2. Compensation for moral damages: Compensation for mental suffering, humiliation of honor, dignity, and business reputation of the author.
3. Cessation of violation: The court may issue a decision prohibiting further use of the project or even stopping construction work until the dispute is resolved on its merits.
4. Seizure or destruction of counterfeit copies: This applies to both project documentation and equipment used to create it.
5. Publication of court decision: To restore the author’s reputation.

Ukrainian judicial practice knows resonant cases regarding protection of architects’ rights, such as the case of reconstruction of the “Flowers of Ukraine” building in Kyiv, which reached the Supreme Court. This demonstrates that such disputes are real, can last for years, and require significant resources. Usually, judicial review is preceded by sending a pre-trial claim to the violator demanding cessation of illegal actions.

4.2. Administrative Liability

This type of liability involves the imposition of fines by state bodies. The Code of Ukraine on Administrative Offenses (CUAO) contains articles that punish illegal use of intellectual property objects and plagiarism. Sanctions may include:

1. Fine: Imposing a fine on the violator ranging from 50 to 300 non-taxable minimum incomes of citizens.
2. Confiscation: Seizure of illegally manufactured products (for example, project copies) and instruments of the offense (computer equipment, printers, etc.).

4.3. Criminal Liability: The Severest Punishment

Criminal liability occurs for the most serious copyright violations. Key is Article 176 of the Criminal Code of Ukraine “Violation of Copyright and Related Rights”.

Criminal proceedings can be initiated if the violation caused material damage in a significant amount (twenty or more times exceeding the non-taxable minimum income of citizens). The crime is considered committed with direct intent, meaning the violator was aware of the unlawfulness of their actions and desired harmful consequences.

Punishment under Article 176 of the CCU is very severe:

1. Part 1: Fine from 5,100 to 17,000 hryvnias, or correctional labor for up to two years, or imprisonment for the same term.
2. Part 2 (qualifying features): The same actions committed repeatedly, or by a group of persons by prior conspiracy, or if they caused damage in a large amount (two hundred or more times exceeding n.m.i.c.), are punished by a fine from 17,000 to 51,000 hryvnias, or correctional labor for up to two years, or imprisonment from two to five years.
3. Part 3 (especially qualifying features): Actions committed by an official using their official position or by an organized group, or if they caused damage in an especially large amount, are punished by imprisonment from three to six years.

Matrix of Liability for Copyright Infringement in Architecture

Beyond the Law: Moral-Ethical Code and Architect’s Reputation

Observance of copyright is not only a legal requirement but also a fundamental principle of professional ethics. For an architect, their reputation based on originality and integrity is the most valuable capital, which can be easily destroyed by one careless step.

5.1. Professional Code of Ethics

The activity of architects in Ukraine is regulated not only by legislation but also by internal professional standards. The National Union of Architects of Ukraine (NUAU) adopted the “Code of Professional Ethics of an Architect,” which establishes moral imperatives and obligations of a specialist before the profession, clients, colleagues, and society as a whole. Although this document does not have the force of law, it is a moral guide for the community.

The principles laid down in the code, such as integrity, responsibility, respect for colleagues’ work, and activity in the interests of society, form the basis of trust in the profession. Conscious copying of someone else’s work is a direct violation of these ethical norms.

5.2. Reputation as a Professional Asset

In the architectural environment, where everyone knows each other, information about plagiarism spreads instantly and can have devastating consequences for a career. Even if the case does not reach court, an architect caught copying risks:

1. Losing client trust: No serious client will want to work with a specialist whose activity may lead to lawsuits and scandals.
2. Being ostracized by colleagues: The professional community condemns plagiarism, which can lead to isolation and inability to participate in joint projects, competitions, or professional associations.
3. Losing the opportunity to build a unique portfolio: An architect who copies rather than creates can never form their own recognizable style and gain authority.

It is important that NUAU can consider ethics violation complaints even regarding architects who are not union members, making it an important tool for industry self-regulation.

The ethical framework is a kind of leading indicator of legal risk. Violation of professional ethics, for example, conscious copying of a colleague’s work at a client’s request, almost always precedes violation of law. An architect ready to cross ethical norms for the sake of obtaining an order demonstrates high risk tolerance and disregard for professional standards. Such a way of thinking significantly increases the probability that they will cross the legal boundary as well, leading to civil, administrative, or even criminal liability. Therefore, for clients and developers, an architect’s reputation as an ethical specialist is not just a “soft skill” but a critical indicator of their reliability and ability to implement a legally impeccable project. High ethical reputation is a form of risk minimization for the client themselves.

Practical Guide: How to Work Legally and Protect Your Creativity

To avoid the problems described above, both architects and clients must take preventive measures. Clear contractual relations and understanding of one’s rights and obligations are the best protection against future conflicts.

6.1. For Architects and Designers: Strengthening Your Intellectual Property

Contract as your shield:

The contract for developing project documentation is the main tool for protecting an architect’s rights. It should be as detailed as possible and clearly regulate intellectual property issues. Key points that must be included:

1. Subject of contract: Clear definition of the scope of work and composition of project documentation being created.
2. Transfer of rights: Detailed description of which specific property rights to the work are transferred to the client, for what term, and in what territory. It is important to directly specify that personal non-property rights (right to name, to integrity of work) remain with the author and are inalienable.
3. Usage restrictions: Directly indicate that project documentation is transferred for one-time implementation on a specific land plot. Any repeated use or use for another object requires concluding a separate agreement and additional remuneration.
4. Making changes: Prescribe the procedure for making changes to the project, ideally with participation or written consent of the author.
5. Author supervision: Establish the author’s right to exercise author supervision over construction, which allows controlling compliance of construction work with the approved project.

Step-by-step guide to state registration of copyright:

State registration is a reliable way to confirm authorship. The procedure is relatively simple:

1. Document preparation: It is necessary to prepare an application in the established form, a copy of the work (drawings, visualizations, plans in digital format), a document on payment of state fee, and, if necessary, a power of attorney for a representative.
2. Application submission: The application can be submitted in two ways:
   • In electronic form: Through the Electronic Interaction System of the Examination Institution (EIS EI) with a qualified electronic signature. This is the fastest and most convenient method.
   • In paper form: Send documents by mail to the UKRNOIVI address or submit through a special box.
3. Application review and certificate receipt: UKRNOIVI reviews the application (usually up to 2 months) and, in the absence of objections, enters information into the State Register and issues a copyright registration certificate.

6.2. For Clients and Developers: Checklist for Legal Verification

When ordering a new project:

1. Check the contract: Make sure the contract clearly defines what rights to the project you receive. Do you have the right to make changes? Can you use the project repeatedly?
2. Discuss rights: Openly discuss intellectual property issues with the architect. This shows your respect for their work and helps avoid misunderstandings.
3. Avoid phrases “make a copy”: Formulate the task as creating a new, unique project inspired by certain samples, not as copying.

When purchasing or using an existing project:

1. Check the “chain of rights”: Ask the seller for documents confirming their right to dispose of the project. Are they the author? Do they have a license from the author for resale?
2. Conclude a license agreement: If you buy a ready-made (standard) project, you must receive a written license agreement that clearly defines permitted ways of its use.
3. Beware of “pirated” projects: Projects sold at suspiciously low prices on dubious sites are almost guaranteed to be stolen. Using such a project exposes you to all the risks described above.

Conclusions: Building the Future on a Solid Foundation of Respect for Intellectual Property

Analysis of legislation, judicial practice, and professional ethics in Ukraine allows drawing several unambiguous conclusions. First, any architectural work, from sketch to built structure, is an object of copyright and receives legal protection automatically from the moment of creation. Second, the boundary between inspiration and plagiarism is legally defined, and crossing it, even unintentionally, can lead to serious civil, administrative, and even criminal liability. Third, the most reliable tool for risk management and conflict prevention is a detailed contract that clearly regulates issues of transfer and use of intellectual property rights.

Respect for copyright is not just a legal formality. It is the foundation of a healthy, competitive, and innovative professional environment. Copying others’ ideas hinders development, devalues creative work, and undermines trust in the industry. In conditions where Ukraine faces the grandiose task of post-war reconstruction, forming a culture of respect for intellectual property takes on special significance. It is on the foundation of original, modern, and legally impeccable architectural solutions that the new future of Ukrainian cities should be built. This is the path to creating not only quality physical space but also a modern, civilized, and authoritative professional community integrated into the global context.