[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR202.11]
[Page 425-426]
TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
CONGRESS
PART 202--REGISTRATION OF CLAIMS TO COPYRIGHT--Table of Contents
Sec. 202.11 Architectural works.
(a) General. This section prescribes rules pertaining to the
registration of architectural works, as provided for in the amendment of
title 17 of the United States Code by the Judicial Improvements Act of
1990, Public Law 101-650.
(b) Definitions. (1) For the purposes of this section, the term
architectural work has the same meaning as set forth in section 101 of
title 17, as amended.
(2) 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.
(c) Registration--(1) Original design. In general, an original
design of a building embodied in any tangible medium of expression,
including a building, architectural plans, or drawings, may be
registered as an architectural work.
(2) Registration limited to single architectural work. For published
and unpublished architectural works, a single application may cover only
a single architectural work. A group of architectural works may not be
registered on a single application form. For works such as tract
housing, a single work is one house model, with all accompanying floor
plan options, elevations, and styles that are applicable to that
particular model.
(3) Application form. Registration should be sought on Form VA. Line
one of the form should give the title of the building. The date of
construction of the building, if any, should also be designated. If the
building has not yet been constructed, the notation ``not yet
constructed'' should be given following the title.
(4) Separate registration for plans. 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.
(5) Publication. Publication of an architectural work occurs when
underlying plans or drawings of the building or other copies of the
building design are distributed or made available to the general public
by sale or other transfer of ownership, or by rental, lease, or lending.
Construction of a building does not itself constitute publication for
purposes of registration, unless multiple copies are constructed.
(d) Works excluded. The following structures, features, or works
cannot be registered:
(1) Structures other than buildings. Structures other than
buildings, such as bridges, cloverleafs, dams, walkways, tents,
recreational vehicles, mobile homes, and boats.
(2) Standard features. Standard configurations of spaces, and
individual standard features, such as windows, doors, and other staple
building components.
[[Page 426]]
(3) Pre-December 1, 1990 building designs. The designs of buildings
where the plans or drawings of the building were published before
December 1, 1990, or the buildings were constructed or otherwise
published before December 1, 1990.
[57 FR 45310, Oct. 1, 1992]