Copyrights - 17 USC Section 106A

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01/19/04

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.

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."

Last modified: April 20, 2006

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Copyrights - 17 USC Section 106A

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