926.2 (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) (I). Likewise, the statute does not protect designs for unconstructed buildings that were embodied in unpublished plans or drawings on December 1, 1990 if the design remained unconstructed as of December 31, 2002. 37 C.F.R. § 202.11 (D) (3)(ii).
The Office will refuse to register these types of designs as an architectural work. The plans, drawings, or models for such works may be registered as a pictorial, graphic, or sculptural work, but the registration for such works does not extend to a building constructed from the plan, drawing, or model.