Architectural Works, 16784-16785 [2019-08136]

Agencies

• Library of Congress
• Copyright Office

[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of construction, but only if the work was embodied in unpublished plans 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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