Title V of the DMCA, entitled the Vessel Hull Design Protection Act (VHDPA), adds a new chapter 13 to Title 17 of the U.S. Code. It creates a new system for protecting original designs of certain useful articles that make the article attractive or distinctive in appearance. For purposes of the VHDPA, “useful articles” are limited to the hulls (including the decks) of vessels no longer than 200 feet.
A design is protected under the VHDPA as soon as a useful article embodying the design is made public or a registration for the design is published. Protection is lost if an application for registration is not made within 2 years after a design is first made public, but a design is not registrable if it has been made public more than 1 year before the date of the application for registration. Once registered, protection continues for 10 years from the date protection begins.
The VHDPA is subject to a legislative sunset: the Act expires 2 years from enactment (October 28, 2000). The Copyright Office is directed to conduct 2 joint studies with the Patent and Trademark Office—the first by October 28, 1999 and the second by October 28, 2000—evaluating the impact of the VHDPA.