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(6) by adding at the end thereof the following new

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9 "8 119. Scope of exclusive rights in architectural works

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"(a) The exclusive rights of a copyright owner in an

11 architectural work shall apply only to the artistic character 12 and artistic design of the work, and shall not extend to proc

13 esses or methods of construction.

14 "(b) The copyright in an architectural work does not 15 include the right to prevent the making, distributing, or 16 public display of pictures, paintings, photographs, or other 17 pictorial representations of the work, when the work is 18 erected in a location accessible to the public.

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"(c) The owner of a copyright in an architectural

20 work

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“(1) shall not be entitled to obtain an injunction

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under section 502 of this title to restrain the construc

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tion or use of an infringing building, if construction has

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“(2) may not obtain a court order, under chapter 5 of this title, requiring that an infringing building be

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demolished or seized.

4 “(d) It is not an infringement of copyright in an archi5 tectural work for the owner of a building embodying such

6 architectural work, without the consent of the author or

7 copyright owner, to make or authorize the making of alter

8 ations to such building, in order to enhance the utility of the 9 building.".

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(b) Conforming Amendment.--The table of sections at

11 the beginning of such chapter is amended by adding at the

12 end thereof the following:

"119. Scope of exclusive rights in architectural works.".

13 SEC. 4. RECORDATION.

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Section 205 of title 17, United States Code, is

15 amended

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(1) by striking out subsection (d); and
(2) by redesignating subsections (e) and (f) as sub-

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sections (d) and (e), respectively.

19 SEC. 5. NOTICE OF COPYRIGHT.

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(a) VISUALLY PERCEPTIBLE COPIES.—Section 401 of

21 title 17, United States Code, is amended

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(1) by striking out "shall” in subsection (a), and

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(2) by striking out “The notice appearing on the
copies shall” in subsection (b), and inserting in lieu
thereof “If a notice appears on the copies, it may";

(3) by striking out “The notice" in subsection (c),
and inserting in lieu thereof “Any notice referred to in

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subsection (a)”; and

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(4) by adding at the end thereof the following new

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9 "(d) EVIDENTIARY WEIGHT OF NOTICE.—No weight
10 shall be given to the interposition of a defense based on ‘inno-
11 cent infringement' in mitigation of actual or statutory dam-
12 ages, or of other relief authorized by this title, if notice of

13 copyright, in the form specified by this section, appears on

14 the published copy or copies to which a defendant in the
15 copyright infringement suit has access.".

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(b) PHONORECORDS OF SOUND RECORDINGS.-Section

17 402 of title 17, United States Code, is amended

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(1) by striking out “shall” in subsection (a), and
inserting in lieu thereof “may”';

(2) by striking out “The notice appearing on the
phonorecords shall” in subsection (b), and inserting in
lieu thereof “If a notice appears on the phonorecords,

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it may”;

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(3) by striking out “The notice" in subsection (c),
and inserting in lieu thereof “Any notice referred to in

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subsection (a)"; and

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(4) by adding at the end thereof the following new

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3 “(d) EVIDENTIARY WEIGHT OF NOTICE.—No weight
4 shall be given to the interposition of a defense based on 'inno-
5 cent infringement' in mitigation of actual or statutory dam-
6 ages, or of other relief authorized by this title, if notice of
7 copyright, in the form specified by this section, appears on
8 the published phonorecord or phonorecords to which a de-

9 fendant in the copyright infringement suit has access.”.

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(c) PUBLICATIONS INCORPORATING UNITED STATES

11 GOVERNMENT WORK8.—Section 403 of title 17, United

12 States Code, is amended by striking out "the notice of copy-

13 right” and all that follows through “title.” and inserting in
14 lieu thereof “such copies or phonorecords shall prominently

15 display a statement identifying those portions of the copies or

16 phonorecords that constitute a work of the United States

17 Government, in accordance with regulations issued by the

18 Copyright Office.”.

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(d) CONTRIBUTIONS TO COLLECTIVE WORKS.-Sec-

20 tion 404 of title 17, United States Code, and the heading for
21 such section are repealed.

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(1) EFFECT OF OMISSION.-Section 405 of title

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17, United States Code, is amended-

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(A) in subsection (a), by striking out “The omission of the copyright notice prescribed by" and inserting in lieu thereof "With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1987, the omission of the copyright notice

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described in"; and

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(B) in subsection (b), by striking out “omitted,” in the first sentence and inserting in lieu

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thereof "omitted before the effective date of the

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17 “8 405. Notice of copyright: Omission of notice on certain

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copies and phonorecords"

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(B) TABLE OF SECTIONS.—The table of sec

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tions at the beginning of chapter 4 of such title is amended by striking out the item relating to sections 404 and 405 and inserting in lieu thereof the following:

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“404. Repealed.
"405. Notice of copyright: Omission of notice on certain copies and phonorecords.”.

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