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1 artistic character and artistic design and shall not extend to

2 processes or methods of construction.

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"(b) PICTORIAL REPRESENTATIONS PERMITTED.

4 The copyright in an architectural work does not include the

5 right to prevent the making, distributing, or public display of 6 pictures, paintings, photographs, or other pictorial represen7 tations of the work, when the work is erected in a location

8 accessible to the public.

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"(c) LIMITATIONS REGARDING CONSTRUCTION.—The

10 owner of the copyright in an architectural work,

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"(1) shall not be entitled to obtain an injunction

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under section 502 of this title restraining the construc

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tion or use of an infringing building, if construction has

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“(2) may not, under any circumstances, obtain a

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court order under chapter 5 of this title requiring that

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an infringing building be demolished or seized.

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“(d) ALTERATIONS TO BUILDINGS.— The owners of a

19 building embodying an architectural work may, without the

20 consent of the author or copyright owner, make or authorize

21 the making of minor alterations to such building, or other

22 alterations to such building in order to enhance the utility of

23 the building.".

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(b) CLERICAL AMENDMENT.-The table of sections at

2 the beginning of chapter 1 is amended by adding at the end

3 the following:

"119. Limitations on the moral rights of the author.
“120. Scope of exclusive rights in architectural works.".

4 SEC. 10. NOTICE OF COPYRIGHT.

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(a) VISUALLY PERCEPTIBLE COPIES.-Section 401 is

6 amended

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(1) in subsection (a) by striking out “shall” and inserting in lieu thereof “may”;

(2) in subsection (b) by striking out “The notice appearing on the copies” and inserting in lieu thereof “If a notice appears on the copies, it”; and

(3) by adding at the end the following: “(d) EVIDENTIARY WEIGHT OF NOTICE.—If a notice

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14 of copyright in the form specified by this section appears on 15 the published copy or copies to which a defendant in a copy16 right infringement suit had access, then no weight shall be 17 given to such a defendant's interposition of a defense based 18 on 'innocent infringement' in mitigation of actual or statutory

19 damages.”.

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(b) PHONORECORDS OF SOUND RECORDINGS. --Section

21 402 is amended

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(1) in subsection (a) by striking out “shall” and inserting in lieu thereof “may”;

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(2) in subsection (b) by striking out “The notice appearing on the phonorecords” and inserting in lieu thereof "If a notice appears on the phonorecords, it”;

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and

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(3) by adding at the end the following:

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"(d) EVIDENTIARY WEIGHT OF NOTICE.-If a notice

7 of copyright in the form specified by this section appears on

8 the published phonorecord or phonorecords to which a de

9 fendant in a copyright infringement suit had access, then no 10 weight shall be given to such a defendant's interposition of a

11 defense based on ‘innocent infringement' in mitigation of 12 actual or statutory damages.".

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(c) PUBLICATIONS INCORPORATING UNITED STATES

14 GOVERNMENT WORKS. --Section 403 is amended by striking

15 out “the notice of copyright” and all that follows through 16 "title" and inserting in lieu thereof “such copies or phonore17 cords shall prominently display a statement identifying those 18 portions of the copies or phonorecords that constitute a work 19 of the United States Government, in accordance with regula

a

20 tions issued by the Copyright Office”.

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(d) CONTRIBUTIONS TO COLLECTIVE WORKS.-Sec

22 tion 404, and the item relating to section 404 in the table of

23 sections at the beginning of chapter 4, are repealed.

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(e) OMISSION OF NOTICE.-Section 405 is amended

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(1) in the section caption by inserting “on certain copies and phonorecords” after “notice”;

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(2) in subsection (a) by striking out “The" and in

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serting in lieu thereof "With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne

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Convention Implementation Act of 1987, the”; and

(3) in subsection (b) by inserting "before the effec

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tive date of the Berne Convention Implementation Act

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(f) ERROR IN NAME OR DATE.-Section 406 is

12 amended

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(1) in the section caption by inserting "on certain copies and phonorecords” after “date”;

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(2) in subsection (a) by striking out “Where” and inserting in lieu thereof “With respect to copies and phonorecords publicly distributed by authority of the

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copyright owner before the effective date of the Berne

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Convention Implementation Act of 1987, where";

(3) in subsection (b) by inserting "before the effec

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(A) by inserting "before the effective date of

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the Berne Convention Implementation Act of

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1987" after “publicly distributed"; and

(B) by inserting after "405" the following:

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"as in effect on the date before the effective date

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of the Berne Convention Implementation Act of

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1987.

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(g) CLERICAL AMENDMENT.—The table of sections at

9 the beginning of chapter 4 is amended by striking out the 10 items relating to sections 405 and 406 and inserting in lieu

11 thereof the following:

“405. Notice of copyright: Omission of notice on certain copies and phonorecords. "406. Notice of copyright: Error in name or date on certain copies and phonore

cords.".

12 SEC. 11. DEPOSIT OF COPIES ON PHONORECORDS FOR

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Section 407(a) is amended by striking out "with notice

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(1) in the second sentence of subsection (a) by

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striking out “Subject to the provisions of section

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405(a), such” and inserting in lieu thereof “Such”; and

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