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"(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

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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

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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 proc13 esses or methods of construction.

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"(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 under section 502 of this title to restrain the construc

tion or use of an infringing building, if construction has substantially begun; and

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"(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

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(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.

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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 inserting in lieu thereof “may”;

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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
subsection (a)"; and

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

"(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.”.

16

(b) PHONORECORDS OF SOUND RECORDINGS.-Section
17 402 of title 17, United States Code, is amended-

(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,

it may";

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

subsection (a)"; and

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(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-
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 WORKS.-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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(e) OMISSION OF NOTICE.-

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

17, United States Code, is amended—

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