Lapas attēli

March 28, 1988

Lewis I. Flacks
Policy Planning Advisor
U.S. Copyright Office
James Madison Building
Room 403
Washington, D.C. 20559

Dear Lewis:

As a result of the concerns expressed at our meeting Priday afternoon, I would like to suggest the following revision in the proposed addition to 113.

The exclusive right of the owner of a copyright in architectural
plans relating to a building or structure includes the right to
prevent an unauthorized construction from those plans of the
building or structure depicted.

We are We do not view this as a major change in existing Congressional policy. not asking to protect the structure itself, but rather for a more pragmatic protection of the copyright in the drawing. This provision prevents the use or reuse of the architect's original creation without the architect's permission.

Because the protection does not extend beyond construction to the structure itself, this is not a moral rights provision.

In an effort to simplify and avoid any concerns about three-dimensional models, we have referred only to "architectural plans" as Representative Kastenmeier has done in his amendment in the nature of a substitute to H.R. 1623. (Although the term "architectural plans" may mean something different to architects, it is the terminology used by courts.)

To the extent that the reuse of copyrighted drawings without the copyright owner's permission may have been seen by some as an acceptable practice in the construction industry, we would not ask for retroactive enforcement of this amendment.

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March 28, 1988
Page Two

This amendment does not prevent a "reverse engineering" type of reproduction.

I am not sure how to respond to your problem about the simple square with dimensions. It is possible that such a drawing is not an architectural drawing in that it is not sufficient information from which to build. I will continue to think that one through. There may be some case law on the sufficiency of drawings. I wanted to get the above to you today, however,

I will call you Wednesday afternoon.

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April 29, 1988

David Beier
Assistant Counsel
House Subcommittee

on Courts, Civil Liberties

and the Administration of Justice 2137 Rayburn House Office Building Washington, DC 20510

Dear David:

Enclosed are materials which define plans, drawings, elevations, etc. Although courts use the term "plans" and both the Senate and House bills now refer to "architectural plans" a plan is only one element of what architects refer to as Irawings. For instance, an elevation technically is not a plan.

If it is not too late to include some clarification in your report, I would suggest:

The express mention of architectural plans is illustrative and does not exclude protection for other drawings, elevations, and three dimensional architectural models.

Also, the Scarsdale house case was not in our testimony. It's citation is
Demetriades vs. Kaufmann, No. 88 Civ, 0848 (U.S.D.C. SNY 3/8/88).

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Mock-ups are merely sketched forms (usually reccangles) in proportion to the finished drawings. They should allow room for all expected dimensions and notes. Mock-ups are also called layouts, dummies, or cartoons.


The finished drawings made by the architect and used by the contractor are called working drawings. The working drawings, together with che specifications and the general conditions, form the legal contract between the owner and contractor. Since the working drawings are a major portion of the contract documents, they should be very carefully drawn.

A complete set of working drawings includes the following sheets in this order: 1. Title page and index (a perspective is often

included) 2 Ploc plan 3. Foundation plan 4. First-floor plan 5. Second floor plan 6. Elevations 7. Sections 8. Typical details 9. Schedules El. Electrical requirements Hl. Heating and air conditioning Pl. Plumbing VI. Ventilation Si. Floor framing plan S2 Roof framing plan S3. Column schedule S4. Structural details

Usually all of the working drawings are drawn to the same scale (d' = l'ort' = 1'), with the exception of details, which are drawn to a larger scale, and the plot plan, which is drawn to an engineer's scale.

Before starting finished drawings, most drafts men prefer to prepare mock-ups of each sheet. This organizes the set of working drawings so that related information fits on the same or adjacent sheets, and ensures that no drawing will have to be redrawn due to its poor placement on a sheet.

Of all the different kinds of working drawings, the floor plan is the most important since it includes the greatest amount of information. The foor plan is che first drawing started by the designer, but it may be the last finished because the designer will transfer attention to the sections, elevacions, and details required to complete the floor plan design

A Aloor plan is actually a sectional drawing obtained by passing an imaginary cutting plane through the walls about 4' above the floor (midway between floor and ceiling). The cutting plane may be offset to a higher or lower level so chat it cuts through all desired features (such as a high strip window). In the case of a split-level house, the cutting plane must be considerably offset.

If the finished sketch has been carefully made, the floor plan can be drawn without much trouble. Notice in the accompanying floor plan of the A residence (Figure 1). 'the similarity with the finished sketch of Figure 10 in Chapter 20. Of course, if the designer feels a sketch can be improved upon, it is done.

The steps used in drawing a floor plan are illustrated in Figure 2. A portion of the first-foor plan of the A residence is used as an example.


Step 1: Wall layout. Lay out the exterior and interior walls very lightly on cracing vellum using a hard, sharp pencil. A scale of 1- 1' should be used for a residence, t' – 1' for a larger structure. Always indicate the scale in the title block or on

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6. SAN 120






Figure 1

Floor plan of the A residence.

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