17 U.S. Code § 106A - Rights of certain authors to attribution and integrity | U.S. Code | US Law | LII / Legal Information Institute
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17 U.S. Code § 106A - Rights of certain authors to attribution and integrity
U.S. Code
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(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, § 603(a)
Dec. 1, 1990
104 Stat. 5128
.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 101–650, title VI, § 610
Dec. 1, 1990
104 Stat. 5132
, 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
Pub. L. 101–650, title VI, § 608
Dec. 1, 1990
104 Stat. 5132
, directed the Register of Copyrights to study the extent to which authorship rights have been waived by visual artists under this section and to submit a final report to
Congress
not later than 5 years after
Dec. 1, 1990
, and also directed the Register of Copyrights to study the feasibility of implementing a requirement that, after the first sale of a work of art, would enable authors of visual art to share monetarily in the resale and enhanced value of that work, with a report to
Congress
due not later than 18 months after
Dec. 1, 1990
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