Examples:
• Archer Anthony designs a unique birdhouse and attempts to register his creation as an architectural work. The registration specialist will refuse to register the claim, because a birdhouse is not designed for human occupancy.
Archibald Arnold designs a moveable, fast-food kiosk for use in shopping malls and attempts to register the kiosk as an architectural work. The registration specialist will refuse to register the claim, because the kiosk is not permanent and stationary.
Arlinda Atkins designs a condominium complex with a large, complex parking structure and intricate landscape design. She attempts to register each aspect of this design as an architectural work. The registration specialist will register the condominium design if it is sufficiently original, but will ask the applicant to remove the reference to the parking structure and landscape design.
923.2(A) Standard Configurations
The U.S. Copyright Office will not register standard configurations of spaces, such as a square bathroom or one-room cabin. Likewise, the Office will not register claims in the individual standard features of an architectural work, such as windows, doors, and other staple building components. 37 C.F.R. § 202.11(d).
Example:
• Stacey Stone designs a motel comprised of a central hall with uniformly shaped rectangular rooms. The registration specialist will refuse to register this claim because it is a standard configuration of space.
923.2(B) Functional Features
The U.S. Copyright Office will not register purely functional elements of an architectural work, such as innovations in architectural engineering or construction techniques.
Example:
• Fulton Fowler designed a house with a solar-powered hot water heater and an earthquake-resistant bracing system. He filed an application to register each element of his design. The registration specialist may register the overall design as an architectural work if it is sufficiently original, but the specialist will ask the applicant to remove the references to the heater and bracing system.
923.2(C) Building Designs Created Before December 1, 1990
The Copyright Act does not protect building designs published or constructed before December 1, 1990. 37 C.F.R. § 202.11(d)(3)(f). Likewise, the statute does not protect designs for unconstructed buildings that were embodied in unpublished plans or
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