Page:United States Statutes at Large Volume 104 Part 6.djvu/743

 PUBLIC LAW 101-650—DEC. 1, 1990 104 STAT. 5133 fication (as described in section 106A(a)(3) of such title) of any work which occurred before such effective date, (c) SECTION 608. — Section 608 takes effect on the date of the enactment of this Act. TITLE VII—ARCHITECTURAL WORKS SEC. 701. SHORT TITLE. This title may be cited as the "Architectural Works Copyright Protection Act". I SEC. 702. 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 as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.". (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, such building is erected in a country adhering to the Berne Convention.". SEC. 703. 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. 704. 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: "§ 120. Scope of exclusive rights in architectural works "(a) PICTORIAL REPRESENTATIONS PERMITTED.—The copyright in an architectural work that has been constructed 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 in which the work is embodied is located in or ordinarily visible from a public place. "(b) ALTERATIONS TO AND DESTRUCTION OF BUILDINGS.— Notwithstanding the provisions of section 106(2), the owners of a building embodying an architectural work may, without the consent of the author or copyright owner of the architectural work, make or authorize the making of alterations to such building, and destroy or authorize the destruction of such building.". Architectural Works Copyright Protection Act. 17 USC 101 note.

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