1

2

3

4

4

"(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.

5 In determining whether a work is of recognized stature, a 6 court or other trier of fact may take into account the opinions 7 of artists, art dealers, collectors of fine art, cu tors of art 8 museums, conservators of recognized stature, and other per9 sons involved with the creation, appreciation, history, or 10 marketing of works of recognized stature. Evidence of com11 mercial exploitation of a work as a whole, or of particular 12 copies, does not preclude a finding that the work is a work of 13 recognized stature.

14

"(b) SCOPE AND EXERCISE OF RIGHTS.-The author 15 of a work of visual art has the rights conferred by subsection 16 (a), whether or not the author is the copyright owner, and 17 whether or not the work qualifies for protection under section 18 104. Where the author is not the copyright owner, only the 19 author shall have the right during his or her lifetime to exer20 cise the rights set forth in subsection (a).

21

"(c) EXCEPTIONS.-(1) The modification of a work of 22 visual art which is a result of the passage of time or the 23 inherent nature of the materials is not a destruction, distor24 tion, mutilation, or other modification described in subsection

●S 119 IS

5

1 (a)(3) unless the modification was the result of gross negli

2 gence in maintaining or protecting the work.

3

"(2) The modification of a work of visual art which is 4 the result of conservation is not a destruction, distortion, mu

5 tilation, or other modification described in subsection (a)(3)

6 unless the modification is caused by gross negligence.

7

"(d) DURATION OF RIGHTS.-(1) With respect to

8 works of visual art created on or after the effective date set 9 forth in section 10(a) of the Visual Artists Rights Act of 10 1989, the rights conferred by subsection (a) shall endure for a 11 term consisting of the life of the author and fifty years after 12 the author's death.

13

"(2) With respect to works of visual art created before 14 the effective date set forth in section 10(a) of the Visual Art15 ists Rights Act of 1989, but not published before such effec16 tive date, the rights conferred by subsection (a) shall be coex17 tensive with, and shall expire at the same time as, the rights 18 conferred by section 106.

19

"(3) All terms of the rights conferred by subsection (a) 20 run to the end of the calendar year in which they would

21 otherwise expire.

22

"(e) TRANSFER AND WAIVER.-(1) Except as provided

23 in paragraph (2), the rights conferred by subsection (a) may 24 not be waived or otherwise transferred.

OS 1198 IS

6

1

"(2) After the death of an author, the rights conferred

2 by subsection (a) on the author may be exercised by the

3 person to whom such rights pass by bequest of the author or

4 by the applicable laws of intestate succession.

5

"(3) Ownership of the rights conferred by subsection (a) 6 with respect to a work of visual art is distinct from ownership 7 of any fixation of that work, or of a copyright or any exclu8 sive right under a copyright in that work.”.

9

(b) CONFORMING AMENDMENT.-The table of sections

10 at the beginning of chapter 1 of title 17, United States Code, 11 is amended by inserting after the item relating to section 106 12 the following new item:

"106A. Rights of certain authors to attribution and integrity.".

13 SEC. 4. REMOVAL OF WORKS OF VISUAL ART FROM BUILD

14

15

INGS.

Section 113 of title 17, United States Code, is amended

16 by adding at the end thereof the following:

17

18

19

20

21

22

23

24

25

"(d)(1)(A) Where

"(i) a work of visual art has been incorporated in

or made part of a building in such a way that removing the work from the building will cause the destruction, distortion, mutilation, or other modification of the work as described in section 106A(a)(3), and

"(ii) the author or, if the author is deceased, the person described in section 106A(e)(2), consented to

the installation of the work in the building in a written.

S 1198 IS

1

2

7

instrument signed by the owner of the building and the

author or such person,

3 then the rights conferred by paragraphs (2) and (3) of section 4 106A(a) shall not apply, except as may otherwise be agreed 5 in a written instrument signed by such owner and the author 6 or such person.

7 "(B) An agreement described in subparagraph (A) that 8 the rights conferred by paragraphs (2) and (3) of section 9 106A(a) shall apply shall not be binding on any subsequent 10 owner of the building except where such subsequent owner 11 had actual notice of the agreement or where the instrument 12 evidencing the agreement was properly recorded, before the 13 transfer of the building to the subsequent owner, in the appli14 cable State real property registry for such building. 15

"(2) If the owner of a building wishes to remove a work 16 of visual art which is a part of such building and which can 17 be removed from the building without the destruction, distor18 tion, mutilation, or other modification of the work as de19 scribed in section 106A(a)(3), the author's rights under para20 graphs (2) and (3) of section 106A(a) shall apply unless"(A) the owner has made a diligent, good faith attempt without success to notify the author or, if the author is deceased, the person described in section

21

22

23

24

25

106A(e)(2), of the owner's intended action affecting the

work of visual art, or

OS 1198 IS

1

8

"(B) the owner did provide such notice by regis

2

tered mail and the person so notified failed, within 90

3

days after receiving such notice, either to remove the work or to pay for its removal.

4

5 If the work is removed at the expense of the author or the 6 person described in section 106A(e)(2), title to that fixation of 7 the work shall be deemed to be in the author or such person, 8 as the case may be. For purposes of subparagraph (A), an 9 owner shall be presumed to have made a diligent, good faith 10 attempt to send notice if the owner sent such notice by regis11 tered mail to the last known address of the author or, if the 12 author is deceased, to the person described in section 13 106A(e)(2).

14

"(3) The Register of Copyrights shall establish a system 15 of records whereby any author of a work of visual art that 16 has been incorporated in or made part of a building, or per17 sons described in section 106A(e)(2) with respect to that 18 work, may record their identities and addresses with the 19 Copyright Office. The Register shall also establish proce20 dures under which such authors or persons may update the 21 information so recorded, and procedures under which owners 22 of buildings may record with the Copyright Office evidence of 23 their efforts to comply with this subsection.".

●S 1198 IS