Legal Aspects Of Architectural Signage

Any business needs to be aware of the laws governing their operation

. A company's visual displays are considered a form of speech and protected under the law, but still subject to a number of regulations.

How the US Constitution Affects Architectural Signage

Architectural signage is considered speech under the law and is protected by the First Amendment. This makes it difficult for any jurisdiction to enact laws that regulate the content of a sign. While some such laws exist, they are subject the intense judicial scrutiny and must be defined to apply to only a very narrow type of content.

The Fifth Amendment requires just compensation when the government seizes private property such as architectural signage. Laws that make a previously legal sign illegal deprive the business of private property and the business may be entitled to damages or a variance.

Under the Fourteenth Amendment, regulations must treat businesses equally and be administered with due process. The laws must be clear and applied objectively. Laws may not set different rules depending on the type of business as long as the business is legal and appropriate to the zone.

Local Signage Regulations

Local signage laws protect public safety and welfare. These laws fall into two categories.

Zoning laws regulate the physical characteristics and the placement of custom displays. If these laws unduly restrict a specific business's ability to communicate with the public, say a store in a location not easily visible from the road, owners can apply for variances so the sign can be displayed in a more readable location.

Other laws govern the structure of the sign and include rules about materials and electrical power. These laws are designed to protect the public from improperly constructed architectural signage that could injure someone if they should fall, be blown off by the wind, or start a fire if improperly grounded.

Copyright and Trademark Issues

Trademarks and service marks are vital to a business's identity and a sign cannot deliberately infringe on another company's trademark, including the organization's name and the look of the architectural signage. A business imitating a competitor's trademark might confuse customers who think they are shopping at the competitor's store, effectively stealing clients from the other business. Another company might use the trademark of a national company in order to mislead customers into thinking they are part of a national franchise.

Copyright affects the content of visual displays, including graphics and logos, and prevents one company from using material copyrighted by another entity. While some copyright infringement is accidental, two minds reaching a similar goal, deliberate use of copyrighted material from another source opens the violator to penalties as high as $100,000 per incident.

This information is only a basic overview of architectural signage regulations. Consult the laws of your jurisdiction to find out what your rights and responsibilities as a sign owner are.

by: Christine Harrell

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