Architectural Works Copyright Protection Act

TITLE VII — ARCHITECTURAL WORKS

Sec. 701. Short Title.

This title may be cited as the ``Architectural Works Copyright Protection Act´´.

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:

``Sec. 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.´´.

(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).´´.

Sec. 706. Effective Date.

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.