10 "(1) A 'coin-operated phonorecord player' is a machine or device that "(A) is employed solely for the performance of non-dramatic musical works by means of phonorecords upon being activated by insertion of coins, currency, tokens, or other monetary units or their equivalent; "(B) is located in an establishment making no direct or indirect charge for admission; "(C) is accompanied by a list of the titles of all the musical works available for performance on it, which list is affixed to the phonorecord player or posted in the establishment in a prominent po sition where it can be readily examined by the public; and "(D) affords a choice of works available for performance and permits the choice to be made by the patrons of the establishment in which it is located. "(2) An 'operator' is any person who, alone or jointly with others— "(A) owns a coin-operated phonorecord player; or "(B) has the power to make a coin-operated phonorecord player available for placement in an OS 1301 IS 1 2 3 4 5 6 7 8 11 establishment for purposes of public performance; or "(C) has the power to exercise primary control over the selection of the musical works made available for public performance on a coinoperated phonorecord player."; and (6) by adding at the end thereof the following new section: 9 "8119. Scope of exclusive rights in architectural works 10 "(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 proc13 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. 19 "(c) The owner of a copyright in an architectural 20 work 21 2226 23 24 "(1) shall not be entitled to obtain an injunction under section 502 of this title to restrain the construc tion or use of an infringing building, if construction has substantially begun; and OS 1301 IS 1 2 3 4 12 "(2) may not obtain a court order, under chapter 5 of this title, requiring that an infringing building be demolished or seized. “(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 alter8 ations to such building, in order to enhance the utility of the 9 building.". 10 (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. 14 Section 205 of title 17, United States Code, is 15 amended 16 17 18 (1) by striking out subsection (d); and (2) by redesignating subsections (e) and (f) as sub sections (d) and (e), respectively. 19 SEC. 5. NOTICE OF COPYRIGHT. 20 (a) VISUALLY PERCEPTIBLE COPIES.-Section 401 of 21 title 17, United States Code, is amended 22 23 (1) by striking out "shall" in subsection (a), and inserting in lieu thereof “may”; ●S 1301 IS 1 2 3 4 5 6 7 8 9 13 (2) by striking out "The notice appearing on the (3) by striking out "The notice" in subsection (c), (4) by adding at the end thereof the following new "(d) EVIDENTIARY WEIGHT OF NOTICE.-No weight 16 (b) PHONORECORDS OF SOUND RECORDINGS.-Section (1) by striking out "shall" in subsection (a), and (2) by striking out "The notice appearing on the it may"; (3) by striking out "The notice" in subsection (c), subsection (a)"; and OS 1301 IS 1 2 3 14 (4) by adding at the end thereof the following new subsection: “(d) Evidentiary Weight of NotiCE.—No weight 4 shall be given to the interposition of a defense based on ‘inno- 10 (c) PUBLICATIONS INCORPORATING UNITED STATES 19 (d) CONTRIBUTIONS TO COLLECTIVE WORKS.—Sec- 21 such section are repealed. 222 25 23 24 (e) OMISSION OF NOTICE.- (1) EFFECT OF OMISSION.-Section 405 of title 17, United States Code, is amended— OS 1301 IS |