The U. S. Court of Appeals for the Second Circuit recently held that buildings that were substantially constructed prior to Dec. 1, 1990, cannot be protected by the Architectural Works Copyright Protection Act ( AWCPA) . Zitz Inc. v. Podlas, 2000 WL 1233292 ( 2d Cir. , Aug. 31, 2000) .
In 1990, Congress enacted the AWCPA to provide for copyright protection for buildings. Prior to 1990, a copyright could be obtained on plans and drawings, but not on the building itself. The AWCPA protects the overall design of a building as well as the arrangement and composition of spaces and elements in the design, but not individual standard features. 17 U. S. C. § 101. To be protected, a building must be a structure that is habitable by humans and intended to be both permanent and stationary, such as houses, office buildings, churches, museums, gazebos and garden pavilions. Structures that are not inhabitable, like bridges, dams, walkways, etc. , cannot be protected under the Act. Standard
