§ 106A. — Rights of certain authors to attribution and integrity.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC106A]
TITLE 17--COPYRIGHTS
CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT
Sec. 106A. Rights of certain authors to attribution and
integrity
(a) Rights of Attribution and Integrity.--Subject to section 107 and
independent of the exclusive rights provided in section 106, the author
of a work of visual art--
(1) shall have the right--
(A) to claim authorship of that work, and
(B) to prevent the use of his or her name as the author of
any work of visual art which he or she did not create;
(2) shall have the right to prevent the use of his or her name
as the author of the work of visual art in the event of a
distortion, mutilation, or other modification of the work which
would be prejudicial to his or her honor or reputation; and
(3) subject to the limitations set forth in section 113(d),
shall have the right--
(A) to prevent any intentional distortion, mutilation, or
other modification of that work which would be prejudicial to
his or her honor or reputation, and any intentional distortion,
mutilation, or modification of that work is a violation of that
right, and
(B) to prevent any destruction of a work of recognized
stature, and any intentional or grossly negligent destruction of
that work is a violation of that right.
(b) Scope and Exercise of Rights.--Only the author of a work of
visual art has the rights conferred by subsection (a) in that work,
whether or not the author is the copyright owner. The authors of a joint
work of visual art are coowners of the rights conferred by subsection
(a) in that work.
(c) Exceptions.--(1) The modification of a work of visual art which
is a result of the passage of time or the inherent nature of the
materials is not a distortion, mutilation, or other modification
described in subsection (a)(3)(A).
(2) The modification of a work of visual art which is the result of
conservation, or of the public presentation, including lighting and
placement, of the work is not a destruction, distortion, mutilation, or
other modification described in subsection (a)(3) unless the
modification is caused by gross negligence.
(3) The rights described in paragraphs (1) and (2) of subsection (a)
shall not apply to any reproduction, depiction, portrayal, or other use
of a work in, upon, or in any connection with any item described in
subparagraph (A) or (B) of the definition of ``work of visual art'' in
section 101, and any such reproduction, depiction, portrayal, or other
use of a work is not a destruction, distortion, mutilation, or other
modification described in paragraph (3) of subsection (a).
(d) Duration of Rights.--(1) With respect to works of visual art
created on or after the effective date set forth in section 610(a) of
the Visual Artists Rights Act of 1990, the rights conferred by
subsection (a) shall endure for a term consisting of the life of the
author.
(2) With respect to works of visual art created before the effective
date set forth in section 610(a) of the Visual Artists Rights Act of
1990, but title to which has not, as of such effective date, been
transferred from the author, the rights conferred by subsection (a)
shall be coextensive with, and shall expire at the same time as, the
rights conferred by section 106.
(3) In the case of a joint work prepared by two or more authors, the
rights conferred by subsection (a) shall endure for a term consisting of
the life of the last surviving author.
(4) All terms of the rights conferred by subsection (a) run to the
end of the calendar year in which they would otherwise expire.
(e) Transfer and Waiver.--(1) The rights conferred by subsection (a)
may not be transferred, but those rights may be waived if the author
expressly agrees to such waiver in a written instrument signed by the
author. Such instrument shall specifically identify the work, and uses
of that work, to which the waiver applies, and the waiver shall apply
only to the work and uses so identified. In the case of a joint work
prepared by two or more authors, a waiver of rights under this paragraph
made by one such author waives such rights for all such authors.
(2) Ownership of the rights conferred by subsection (a) with respect
to a work of visual art is distinct from ownership of any copy of that
work, or of a copyright or any exclusive right under a copyright in that
work. Transfer of ownership of any copy of a work of visual art, or of a
copyright or any exclusive right under a copyright, shall not constitute
a waiver of the rights conferred by subsection (a). Except as may
otherwise be agreed by the author in a written instrument signed by the
author, a waiver of the rights conferred by subsection (a) with respect
to a work of visual art shall not constitute a transfer of ownership of
any copy of that work, or of ownership of a copyright or of any
exclusive right under a copyright in that work.
(Added Pub. L. 101-650, title VI, Sec. 603(a), Dec. 1, 1990, 104 Stat.
5128.)
References in Text
Section 610(a) of the Visual Artists Rights Act of 1990 [Pub. L.
101-650], referred to in subsec. (d), is set out as an Effective Date
note below.
Effective Date
Section 610 of title VI of Pub. L. 101-650 provided that:
``(a) In General.--Subject to subsection (b) and except as provided
in subsection (c), this title [enacting this section, amending sections
101, 107, 113, 301, 411, 412, 501, and 506 of this title, and enacting
provisions set out as notes under this section and section 101 of this
title] and the amendments made by this title take effect 6 months after
the date of the enactment of this Act [Dec. 1, 1990].
``(b) Applicability.--The rights created by section 106A of title
17, United States Code, shall apply to--
``(1) works created before the effective date set forth in
subsection (a) but title to which has not, as of such effective
date, been transferred from the author, and
``(2) works created on or after such effective date, but shall
not apply to any destruction, distortion, mutilation, or other
modification (as described in section 106A(a)(3) of such title) of
any work which occurred before such effective date.
``(c) Section 608.--Section 608 [set out below] takes effect on the
date of the enactment of this Act.''
Studies by Copyright Office
Section 608 of Pub. L. 101-650 provided that:
``(a) Study on Waiver of Rights Provision.--
``(1) Study.--The Register of Copyrights shall conduct a study
on the extent to which rights conferred by subsection (a) of section
106A of title 17, United States Code, have been waived under
subsection (e)(1) of such section.
``(2) Report to congress.--Not later than 2 years after the date
of the enactment of this Act [Dec. 1, 1990], the Register of
Copyrights shall submit to the Congress a report on the progress of
the study conducted under paragraph (1). Not later than 5 years
after such date of enactment, the Register of Copyrights shall
submit to the Congress a final report on the results of the study
conducted under paragraph (1), and any recommendations that the
Register may have as a result of the study.
``(b) Study on Resale Royalties.--
``(1) Nature of study.--The Register of Copyrights, in
consultation with the Chair of the National Endowment for the Arts,
shall conduct a study on the feasibility of implementing--
``(A) a requirement that, after the first sale of a work of
art, a royalty on any resale of the work, consisting of a
percentage of the price, be paid to the author of the work; and
``(B) other possible requirements that would achieve the
objective of allowing an author of a work of art to share
monetarily in the enhanced value of that work.
``(2) Groups to be consulted.--The study under paragraph (1)
shall be conducted in consultation with other appropriate
departments and agencies of the United States, foreign governments,
and groups involved in the creation, exhibition, dissemination, and
preservation of works of art, including artists, art dealers,
collectors of fine art, and curators of art museums.
``(3) Report to congress.--Not later than 18 months after the
date of the enactment of this Act [Dec. 1, 1990], the Register of
Copyrights shall submit to the Congress a report containing the
results of the study conducted under this subsection.''
Section Referred to in Other Sections
This section is referred to in sections 106A, 107, 113, 301, 411,
412, 501, 506 of this title.
