Architectural Works
| Citation | 84 FR 16784 |
| Record Number | 2019-08136 |
| Published date | 23 April 2019 |
| Section | Rules and Regulations |
| Court | Copyright Office,Library Of Congress |
Federal Register, Volume 84 Issue 78 (Tuesday, April 23, 2019)
[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Rules and Regulations]
[Pages 16784-16785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08136]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 202
[Docket No. 2018-13]
Architectural Works
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Final rule.
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SUMMARY: The U.S. Copyright Office is amending its regulations
pertaining to the registration of architectural works. To improve the
efficiency of the registration process, and encourage broader
participation in the registration system, the final rule will require
applicants to submit their claims using an online application, rather
than a paper application. Applicants will be required to provide a date
of construction, but only if the work was embodied in unpublished plans
or drawings on or before December 1, 1990 and if the work was
constructed before January 1, 2003. And, applicants will be
encouraged--but not required--to upload a digital copy of their
architectural works through the electronic registration system, instead
of submitting a physical copy.
DATES: Effective May 23, 2019.
FOR FURTHER INFORMATION CONTACT: Robert J. Kasunic, Associate Register
of Copyrights and Director of Registration Policy and Practice; Erik
Bertin, Deputy Director of Registration Policy and Practice; Jordana
Rubel, Assistant General Counsel by telephone at 202-707-8040 or by
email at [email protected], [email protected], and
[email protected].
SUPPLEMENTARY INFORMATION: On December 26, 2018, the Copyright Office
published a notice of proposed rule rulemaking (``NPRM'') setting forth
proposed amendments to the regulations governing the registration of
architectural works. 83 FR 66182 (Dec. 26, 2018). The Office received
comments from three individuals who generally supported the
proposal.\1\ Having reviewed and carefully considered these comments,
the Office is issuing a final rule that is identical to the rule
proposed in the NPRM.
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\1\ All of the comments submitted in response to the NPRM can be
found on the Copyright Office's website at https://www.copyright.gov/rulemaking/architecturalworks/.
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The final rule requires applicants to submit their claims through
the electronic registration system using the Standard Application, in
lieu of a paper form.\2\ The rule states that applicants must provide a
date of construction, but only if the architectural work was embodied
in unpublished plans created prior to December 1, 1990 and if the
building was constructed before January 1, 2003. The rule amends the
deposit requirements by allowing applicants to submit drawings and
photographs of an architectural work in any form that allows the Office
to access, perceive, and examine the entire copyrightable content of
the work, including by uploading the deposit through the electronic
registration system in an acceptable file format. Finally, the rule
confirms that architectural works are classified as ``works of the
visual arts'' for purposes of registration, and it makes some technical
amendments that will improve the organization and readability of the
regulations.
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\2\ The Office recently issued a final rule confirming that the
Standard Application may be used to register any work under sections
408(a) and 409 of the Copyright Act, including an architectural
work. At the same time, the Office confirmed that architectural
works may not be registered with the Single Application, which is a
streamlined version of the electronic application. 37 CFR
202.3(b)(2)(i)(A), (B). To avoid potential confusion between the
Single and Standard Applications, today's final rule removes the
word ``single'' wherever it appears in 37 CFR 202.11.
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The commenters generally supported the online filing requirement
and agreed that it will improve the efficiency of the registration
process. One individual expressed concern that applicants may be
accustomed to using paper forms and may need time to adapt to this
change. Another noted that some applicants may not have access to
computers, and encouraged the Office to ``allow certain exceptions''
for such persons.\3\
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\3\ Comments of Reema Mahmoud and Nik Zou.
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The final rule provides the requested flexibility. When the rule
goes into effect, applicants will be required to use the online
application to register an architectural work. Paper applications
submitted on Form VA will not be accepted. However, the Office will
have the authority to waive the online filing requirement in ``an
exceptional case'' and ``subject to such conditions as the Associate
Register and Director of the Office of Registration Policy and Practice
may impose on the applicant.'' Applicants who do not have a computer or
internet access may contact the Office, and the Office will review the
specific details of their situation to determine if a waiver is
warranted.
The commenters generally supported the proposal to allow for
digital uploads in lieu of physical copies, though one individual
suggested that digital submissions should be mandatory rather than
permissive. Sections 407 and 408 of the Copyright Act give the Register
of Copyrights broad authority to issue regulations concerning the
specific nature of the copies that must be submitted for purposes of
registration and mandatory deposit.\4\ Architectural works are
typically created with computer software, and as noted in the NPRM, the
Office expects that most applicants will submit their deposits in
electronic form. That said, the Office
[[Page 16785]]
recognizes that architectural works may be created electronically and
then published in a physical form. And the Office recognizes that some
digital files may be so big that it may not be possible to upload them
to the electronic registration system.\5\
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\4\ 17 U.S.C. 408(c)(1).
\5\ The current limit is 500 MB for each file that is uploaded
to the electronic system. See Compendium Sec. 1508.1.
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For these reasons, the final rule gives architects the option to
register their works either by uploading a digital deposit to the
electronic system or by filing an electronic application and mailing
the deposit to the Office in a physical form. But if the applicant
chooses to submit a digital deposit, that file will be accepted solely
for the purpose of registering the architectural work under section
408. Digital deposits will not satisfy the mandatory deposit
requirement under section 407. In other words, if an architectural work
has been registered with a digital deposit, the Office may issue a
demand for a copy of ``the most finished form of presentation
drawings'' if that work has been published in the United States and if
the Library of Congress determines that the published work is needed
for its collections.\6\
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\6\ 37 CFR 202.19(d)(2)(viii) (specifying the nature of the
deposit required for purposes of mandatory deposit).
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List of Subjects in 37 CFR Part 202
Copyright.
Final Regulations
For the reasons set forth in the preamble, the Copyright Office is
amending 37 CFR part 202 as follows:
PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT
0
1. The authority citation for part 202 continues to read as follows:
Authority: 17 U.S.C. 408(f), 702.
0
2. In Sec. 202.3, add a sentence at the end of paragraph (b)(1)(iii)
to read as follows:
Sec. 202.3 Registration of copyright.
* * * * *
(b) * * *
(1) * * *
(iii) * * * This class also includes published and unpublished
architectural works.
* * * * *
0
3. Amend Sec. 202.11 as follows:
0
a. Revise paragraphs (a) and (b)(1) and (2);
0
b. Remove paragraph (c)(2) and redesignate paragraph (c)(5) as
paragraph (c)(2);
0
c. Revise paragraphs (c)(3) and (4); and
0
d. Add new paragraph (c)(5).
The revisions and additions read as follows:
Sec. 202.11 Architectural works.
(a) General. This section prescribes rules pertaining to the
registration of architectural works.
(b) * * *
(1) For the purposes of this section, the term building means
humanly habitable structures that are intended to be both permanent and
stationary, such as houses and office buildings, and other permanent
and stationary structures designed for human occupancy, including but
not limited to churches, museums, gazebos, and garden pavilions.
(2) Unless otherwise specified, all other terms have the meanings
set forth in Sec. Sec. 202.3 and 202.20.
(c) * * *
(3) Registration limited to one architectural work. For published
and unpublished architectural works, an application may cover only one
architectural work. Multiple architectural works may not be registered
using one application. For works such as tract housing, one house model
constitutes one work, including all accompanying floor plan options,
elevations, and styles that are applicable to that particular model.
Where dual copyright claims exist in technical drawings and the
architectural work depicted in the drawings, any claims with respect to
the technical drawings and architectural work must be registered
separately.
(4) Online application. (i) The applicant must complete and submit
the Standard Application. The application should identify the title of
the building. If the architectural work was embodied in unpublished
plans or drawings on or before December 1, 1990, and if the building
was constructed before January 1, 2003, the application should also
provide the date that the construction was completed.
(ii) In an exceptional case, the Copyright Office may waive the
online filing requirement set forth in paragraph (c)(4)(i) of this
section, subject to such conditions as the Associate Register and
Director of the Office of Registration Policy and Practice may impose
on the applicant.
(5) Deposit requirements. (i) For designs of constructed or
unconstructed buildings, the applicant must submit one complete copy in
visually perceptible form of the most finished form of an architectural
drawing showing the overall form of the building (i.e., exterior
elevations of the building when viewed from the front, rear, and
sides), and any interior arrangements of spaces and/or design elements
in which copyright is claimed (i.e., walls or other permanent
structures that divide the interior into separate rooms and spaces).
The deposit should disclose the name(s) of the architect(s) and
draftsperson(s) and the building site, if known. For designs of
constructed buildings, the applicant also must submit identifying
material in the form of photographs complying with Sec. 202.21, which
clearly show several exterior and interior views of the architectural
work being registered.
(ii) The deposit may be submitted in any form that allows the
Copyright Office to access, perceive, and examine the entire
copyrightable content of the work being registered, including by
uploading the complete copy and identifying material in an acceptable
file format to the Office's electronic registration system. Deposits
uploaded to the electronic registration system will be considered
solely for the purpose of registration under section 408 of title 17 of
the United States Code, and will not satisfy the mandatory deposit
requirement under section 407 of title 17 of the United States Code.
* * * * *
0
4. Amend Sec. 202.20 as follows:
0
a. Add paragraph (c)(2)(i)(M); and
0
b. Remove and reserve paragraph (c)(2)(xviii).
The addition reads as follows:
Sec. 202.20 Deposit of copies and phonorecords for copyright
registration.
* * * * *
(c) * * *
(2) * * *
(i) * * *
(M) Architectural works, for which the deposit must comply with the
requirements set forth in Sec. 202.11.
* * * * *
Dated: April 5, 2019.
Karyn A. Temple,
Register of Copyrights and Director of the U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2019-08136 Filed 4-22-19; 8:45 am]
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