COPYRIGHT LAW 2004: CLASS 10 PROFESSOR FISCHER THE CATHOLIC UNIVERSITY OF AMERICA FEBRUARY

Wrap-Up: Copyrightability of PGS Step One –Is it a PGS? If Yes, Step Two – Is it a Useful Article? If Yes, Step Three – Is it Physically or Conceptually Separable? If Yes, Step Four – Is it Sufficiently Original? If Yes, Copyrightable!

Different tests for separability Esquire v. Ringer Kieselstein-Cord Carol Barnhart: majority Carol Barnhart: dissent Brandir Pivot Point

SURREALIST FUR-LINED TEACUP

Baker v. Selden – CB p. 90 Enigmatic 1879 Supreme Court decision Important for scope of copyright protection in architecture and computer programs

COPYRIGHTABILITY OF ARCHITECTURE Seagram Building (Ludwig Mies van der Rohe and Philip Johnson – ) 375 Park Avenue (between 52/53d) New York City)

Michael Graves: Portland Public Services Building 1980

Portland Building

COPYRIGHTABILITY OF BLUEPRINTS PRE-1990

ARCHITECTURAL WORKS PRE AWPA AMENDMENTS BUILDINGS PLANS

Demetriades v. Kaufman, 689 F.Supp. 658 (S.D.N.Y. 1988)

ARCHITECTURAL WORKS COPYRIGHT PROTECTION ACT OF 1990 Why?

ARCHITECTURAL WORKS COPYRIGHT PROTECTION ACT OF 1990 Law amended due to U.S. ratification of Berne Convention Applies to...

ARCHITECTURAL WORKS COPYRIGHT PROTECTION ACT OF 1990 Applies to architectural works created (substantially constructed) on or after Dec. 1, Also to buildings on that date unconstructed and embodied in plans or drawings if constructed by Dec 31, 2002

What’s an “Architectural Work”

Definition in s. 101? - “the design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.”

Architectural Works: Analyzing Copyrightability How should the Copyright Office or the courts assess copyrightability for an architectural work built on or after 12/1/90 ?

Is this copyrightable if built after 12/1/90?

2 STEP TEST FOR COPYRIGHTABILITY (of architectural works) 1. Are there original design elements present - including overall shape, interior architecture? 2. If such elements present, are these functionally required? If not, then protectable.

Is a church copyrightable?

Is a bridge copyrightable?

Michael Graves Garden Pavilions: Copyrightable?

WHAT STRUCTURES ARE COVERED? House Report (CB p. 230): Houses, office buildings, malls (not individual units in malls: must be free- standing) Habitable structures, garden structures like gazebos, churches, garden pavilions NOT pedestrian walkways, interstate highway bridges, bridges, canals, dams, cloverleafs