Page:United States Statutes at Large Volume 104 Part 6.djvu/744

 104 STAT. 5134 PUBLIC LAW 101-650—DEC. 1, 1990 (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 of the following: "120. Scope of exclusive rights in architectural works.". (2) Section 106 of title 17, United States Code, is amended by striking "119" and inserting "120". SEC. 705. PREEMPTION. Section 301(b) of title 17, United States Code, is amended— (1) in paragraph (2) by striking "or" after the semicolon: (2) in paragraph (3) by striking the period and inserting "; or"; and (3) by adding after paragraph (3) the following: "(4) State and local landmarks, historic preservation, zoning, or building codes, relating to architectural works protected under section 102(a)(8).". 17 USC 101 note. SEC. 706. EFFECTIVE DATE. Computer Software Rental Amendments Act of 1990. Copyright. 17 USC 101 note. Recordings. The amendments made by this title apply to— (1) any architectural work created on or after the date of the enactment of this Act; and (2) any architectural work that, on the date of the enactment of this Act, is unconstructed and embodied in unpublished plans or drawings, except that protection for such architectural work under title 17, United States Code, by virtue of the amendments made by this title, shall terminate on December 31, 2002, unless the work is constructed by that date. TITLE VIII—COMPUTER SOFTWARE SEC. 801. SHORT TITLE. This title may be cited as the "Computer Software Rental Amendments Act of 1990". SEC. 802. RENTAL OF COMPUTER PROGRAMS. Section 109(b) of title 17, United States Code, is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) by striking paragraph (1) and inserting the following: "(b)(1)(A) Notwithstanding the provisions of subsection (a), unless authorized by the owners of copyright in the sound recording or the owner of copyright in a computer program (including any tape, disk, or other medium embodying such program), and in the case of a sound recording in the musical works embodied therein, neither the owner of a particular phonorecord nor any person in possession of a particular copy of a computer program (including any tape, disk, or other medium embodying such program), may, for the purposes of direct or indirect commercial advantage, dispose of, or authorize the disposal of, the possession of that phonorecord or computer program (including any tape, disk, or other medium embodying such program) by rental, lease, or lending, or by any other act or practice in the nature of rental, lease, or lending. Nothing in the preceding sentence shall apply to the rental, lease, or lending of a phonorecord for nonprofit purposes by a nonprofit libiary or nonprofit educational institution. The transfer of possession of a lawfully made copy of a computer program by a nonprofit educational institution

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