March 28, 1988 Lewis I. Flacks Policy Planning Advisor U.S. Copyright Office James Madison Building Washington, D.C. 20559 Dear Lewis: As a result of the concerns expressed at our meeting Friday 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 We do not view this as a major change in existing Congressional policy. We are 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. 1735 NEW YORK AVENUE, N W. • WASHINGTON, DC 20006 ⚫ (202) 626-7300 CABLE ADDRESS: AMINARCH ⚫ TELEX: 710822 1112 March 28, 1988 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 I wanted to get the above to you today, however. I will call you drawings. 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 drawings. 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 Usually all of the working drawings are drawn to the same scale (}" = 1′ or " = 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 draftsmen 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. Mock-ups are merely sketched forms (usually rectangles) 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. FLOOR PLANS Of all the different kinds of working drawings, the floor plan is the most important since it includes the greatest amount of information. The floor plan is the first drawing started by the designer, but it may be the last finished because the designer will transfer attention to the sections, elevations, and details required to complete the floor plan design. A floor 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 that 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-floor plan of the A residence is used as an example. FIRST-FLOOR PLAN Step 1: Wall layout. Lay out the exterior and interior walls very lightly on tracing vellum using a hard, sharp pencil. A scale of "= 1' should be used for a residence, " 1' for a larger structure. Always indicate the scale in the title block or on |