legal theory: philosophy | |
Copyright Protection for Architectural Works |
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Copyright protection subsists, in accordance with this title, in original works
of authorship fixed in any tangible medium of expression, now known or later
developed, from which they can be perceived, reproduced, or otherwise communicated,
either directly or with the aid of a machine or device. Works of authorship
include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) 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) [which confers on a copyright owner the exclusive right "to
prepare derivative works based upon the copyrighted work"], 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.
For the current version of the statute, consult the Legal
Information Institute.