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HUNT v. PASTERNACK

No. 97-16853.

179 F.3d 683 (1999)

Robert J. HUNT, Plaintiff-Appellant, v. Irwin PASTERNACK; Michael Everitt; Bradley Bishop, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 1999.

Attorney(s) appearing for the Case

Kevin Koelbel, Hobson & Ringler, Tempe, Arizona, for the plaintiff-appellant.

Ray Kendall Harris, Fennemore Craig, Phoenix, Arizona, for defendant-appellee Pasternack.

Kimball J. Corson, Horne, Kaplan & Bistrow, Phoenix, Arizona, for defendants-appellees Everitt and Bishop.

Before: SCHROEDER and THOMAS, Circuit Judges, and MOSKOWITZ, District Judge.

SCHROEDER, Circuit Judge:

Before us for the first time is a question regarding the validity of a copyright under the Architectural Works Copyright Protection Act of 1990 ("the Act"). That statute amended 17 U.S.C. § 102 to add "architectural works" to the categories of works that can be copyrighted. See 17 U.S.C. § 102(a)(8). It also defined an "architectural work" as "the design of a building as embodied in any tangible medium of expression,

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