Text: H.R.3990 — 101st Congress (1989-1990)All Information (Except Text)

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HR 3990 IH
101st CONGRESS
2d Session
 H. R. 3990
To amend title 17, United States Code, to protect works of architecture by
creating a new category of copyright subject matter, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 7, 1990
Mr. KASTENMEIER introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend title 17, United States Code, to protect works of architecture by
creating a new category of copyright subject matter, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Architectural Works Copyright Protection
  Act of 1990'.
SEC. 2. DEFINITIONS.
  (a) ARCHITECTURAL WORKS- Section 101 of title 17, United States Code, is
  amended by inserting after the definition of `anonymous work' the following:
  `An `architectural work' is the design of a building or other
  three-dimensional structure, as embodied in that building or structure.'.
  (b) BERNE CONVENTION WORK- Section 101 of title 17, United States Code,
  is amended in the definition of `Berne Convention work'--
  (1) in paragraph (3)(B) by striking `or' after the semicolon;
  (2) in paragraph (4) by striking the period and inserting `; or'; and
  (3) by inserting after paragraph (4) the following:
  `(5) in the case of an architectural work embodied in a building or other
  three-dimensional structure, such building or structure is erected in a
  country adhering to the Berne Convention.'.
SEC. 3. SUBJECT MATTER OF COPYRIGHT.
  Section 102(a) of title 17, United States Code, is amended--
  (1) in paragraph (6) by striking `and' after the semicolon;
  (2) in paragraph (7) by striking the period and inserting `; and'; and
  (3) by adding after paragraph (7) the following:
  `(8) architectural works.'.
SEC. 4. SCOPE OF EXCLUSIVE RIGHTS IN ARCHITECTURAL WORKS.
  (a) IN GENERAL- Chapter 1 of title 17, United States Code, is amended by
  adding at the end the following:
`Sec. 120. Scope of exclusive rights in architectural works
  `(a) PICTORIAL REPRESENTATIONS PERMITTED- The copyright in an architectural
  work does not include the right to prevent the making, distributing, or
  public display of pictures, paintings, photographs, or other pictorial
  representations of the work, if the building or other three-dimensional
  structure in which the work is embodied is located in a public place.
  `(b) LIMITATIONS REGARDING CONSTRUCTION- The owner of the copyright in an
  architectural work--
  `(1) shall not be entitled to obtain an injunction under section 502 of
  this title restraining the construction of an infringing building or other
  three-dimensional structure, if the construction has substantially begun; and
  `(2) may not, under any circumstances, obtain a court order under
  chapter 5 of this title requiring that an infringing building or other
  three-dimensional structure be seized or demolished.
  `(c) ALTERATIONS OF BUILDINGS- The owners of a building or other
  three-dimensional structure embodying an architectural work may, without
  the consent of the author or copyright owner of the architectural work,
  make or authorize the making of--
  `(1) minor alterations to such building or structure for any purpose, or
  `(2) other alterations to such building or structure that are necessary
  to repair the building or structure.'.
  (b) CONFORMING AMENDMENTS- (1) The table of sections at the beginning of
  chapter 1 of title 17, United States Code, is amended by adding at the
  end the following:
`120. Scope of exclusive rights in architectural works.'.
  (2) Section 106 of title 17, United States Code, is amended by striking
  `118' and inserting `120'.
SEC. 5. EFFECTIVE DATE.
  The amendments made by this Act apply only to architectural works created
  on or after the date of the enactment of this Act.

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