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1 “(f) RIGHTS OF ATTRIBUTION AND INTEGRITY.2 Nothing in this section applies to infringement of the rights 3 conferred by section 106A(a).".

4 (c) REGISTRATION NOT A PREREQUISITE TO SUIT 5 AND CERTAIN REMEDIES.-(1) Section 411(a) of title 17, 6 United States Code, is amended in the first sentence by in7 serting after "United States" the following: "and an action 8 brought for a violation of the rights of the author under sec9 tion 106A(a)".

10 (2) Section 412 of title 17, United States Code, is 11 amended by inserting "an action brought for a violation of 12 the rights of the author under section 106A(a) or" after 13 "other than".

14 SEC. 7. STATUTE OF LIMITATIONS.

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Section 507(b) of title 17, United States Code, is 16 amended by adding at the end the following: "For purposes 17 of an action brought for infringement of the rights under sec18 tion 106A(a) of an author of a work of visual art, the claim 19 accrues when the author (or person described in section 20 106A(e)(2), as the case may be) knew or should have known 21 of the violation of the author's rights under section 22 106A(a).".

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1 SEC. 8. FAIR USE.

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Section 107 of title 17, United States Code, is amended

3 by striking out "section 106" and inserting in lieu thereof

4 "sections 106 and 106A”.

5 SEC. 9. STUDIES BY COPYRIGHT OFFICE.

(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 18

months after the date of the enactment of this Act, the

Register of Copyrights shall submit to the Congress a

report containing the results of the study conducted under paragraph (1).

(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

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(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 in

volved 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, the

Register of Copyrights shall submit to the Congress a report containing the results of the study conducted under this subsection, and any recommendations that the Register may have as a result of the study.

18 SEC. 10. EFFECTIVE DATE.

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(a) IN GENERAL.-Subject to subsection (b) and except 20 as provided in subsection (c), this Act and the amendments 21 made by this Act take effect 6 months after the date of the 22 enactment of this Act.

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(b) APPLICABILITY.-The rights created by section 24 106A of title 17, United States Code, shall apply to works 25 created but not published before the effective date set forth in

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1 subsection (a), and to works created on or after such effective

2 date, but shall not apply to any destruction, distortion, muti

3 lation, or other modification (as described in section

4 106A(a)(3) of such title) of any work which occurred before 5 such effective date.

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(c) SECTION 9.-Section 9 takes effect on the date of

Mr. KASTENMEIER. Does the gentleman from California have any opening statement?

Mr. MOORHEAD. Thank you, Mr. Chairman.

I'd like to join you in welcoming our distinguished group of witnesses today, especially our distinguished colleague from Massachusetts, Ed Markey. He has worked long and hard on behalf of this legislation and certainly many other issues that affect us, and I am happy to serve as a member of the Subcommittee on Communications which he chairs.

In my opinion, H.R. 2690 represents a significant improvement over earlier versions of the legislation in that it does not include provisions on the issue of resale royalties. In the last Congress, I believe, the resale royalty issue clouded consideration of the moral rights aspect of the legislation.

Like the chairman indicated in his opening remarks, our addressing H.R. 2690 should not be transposed over to the issues affecting the motion picture industry, which are entirely separate and distinct.

Having said that, Mr. Chairman, I look forward to the testimony of our witnesses this morning, and working with you and Mr. Markey on the legislation before us today to provide adequate protection for our visual artists, which they deserve.

Mr. KASTENMEIER. I thank my colleague.

Without objection, the hearing today may be covered in whole or in part by photography or television coverage pursuant to rule 5 of the committee rules. I hear no objection.

I'm pleased to call on our first witness, Congressman Ed Markey, who not only has long been an ardent advocate for this legislation, but also was our leadoff witness during our hearings in the last Congress. He was in past Congresses the sole sponsor of the prototype of the legislation that several of us have cosponsored this year. We are delighted to have him back. Today we see him identified in the press with many other issues-for example, his picture is in USA Today as advocating more caution in the market, which gives some breadth to our colleague's varied interests. We are delighted to have him here today to talk about this very special issue. STATEMENT OF HON. EDWARD J. MARKEY, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MASSACHUSETTS Mr. MARKEY. Thank you, Mr. Chairman, very much. Tomorrow, hopefully, the message will be that anyone who wants to mutilate anything in the art market will also have to beware because of the clear message which today's hearing will send, that we now have found something that can gain the support of Bob Kastenmeier, Ed Markey, and Carlos Moorhead. I think that the legislation has been improved significantly since last year. We have been able to narrow it in a way that we can capture the support of the overwhelming majority of Members of Congress-that's our hope.

We have put the whole royalty issue on the side and this will be subject to a feasibility study. But the legislation as we've put it together this year, working with you and your staff over the last year, and consulting with the minority, has, I think, made it a