Architectural Design Protection: Hearing Before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, Second Session on H.R. 3990, Architectural Works Copyright Protection Act of 1990, and H.R. 3991, Unique Architectural Structures Copyright Act of 1990, March 14, 1990, 4. sējumsU.S. Government Printing Office, 1990 - 226 lappuses |
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amend apply archi architects architectural plans architectural profession ASMP believe Berne Convention bill building or structure building owners CARNEY conceptual separability Cong CONGRESS LIBRARY CONGRESS THE LIBRARY copy Copyright Act copyright in architectural copyright law Copyright Office copyright owner create creative DAILEDA definition design patent exemption existing law federal Frank Lloyd Wright function Guggenheim Museum House infringing building injunction Institute of Architects intellectual property issue KASTENMEIER landmark laws Le Corbusier LIBRARY OF CONGRES LIBRARY OF CONGRESS limitations Lloyd Wright Foundation Michael Graves Oman original overall shape owners of buildings Paul Goldstein photographs pictorial representations proposed legislation protect architectural protection for architectural questions Register of Copyrights related to architecture remedies reproduction Robert Kastenmeier SANGMEISTER scope of protection Section 101 separability test statement subject matter Taliesin tectural three-dimensional structure tion title 17 trademark U.S. law unauthorized construction unique artistic character United States Code utilitarian
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70. lappuse - It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.
85. lappuse - ... the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.
42. lappuse - Mr. Chairman and Members of the Subcommittee. It is a privilege to appear before you today to discuss the actions of the Bureau of Customs and Border Protection and our efforts to combat terrorism.
217. lappuse - Works of art (Class G). (a) General. This class includes published or unpublished works of artistic craftsmanship, insofar as their form but not their mechanical or utilitarian aspects are concerned...
218. lappuse - useful article" is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a "useful article".
85. lappuse - Unless the shape of an automobile, airplane, ladies' dress, food processor, television set, or any other industrial product contains some element that, physically or conceptually, can be identified as separable from the utilitarian aspects of that article, the design would not be copyrighted under the bill. The test of separability and independence from 'the utilitarian aspects of the article...
217. lappuse - Pictorial, graphic, and sculptural works" include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans. Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article...
55. lappuse - A special situation is presented by architectural works. An architect's plans and drawings would, of course, be protected by copyright, but the extent to which that protection would extend to the structure depicted would depend on the circumstances. Purely non-functional or monumental structures would be subject to full copyright protection under the bill, and the same would be true of artistic sculpture or decorative ornamentation or embellishment added to a structure.
166. lappuse - As a design is manifested in appearance the subject matter of a design application may relate to the configuration or shape of an object, to the surface ornamentation thereof, or both. A design is inseparable from the object and cannot exist alone merely as a scheme of surface ornamentation. It must be a definite, preconceived thing, capable of reproduction and not merely the chance result of a method.
61. lappuse - First, an architectural work should be examined to determine whether there are original design elements present, including overall shape and interior architecture. If such design elements are present, a second step is reached to examine whether the design elements are functionally required. If the design elements are not functionally required, the work is...