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"Removal of Public Art"
 
Copyright Law
of the United States of America
and Related Laws Contained in Title 17 of the United States Code
106A. Rights of certain authors to attribution and integrity37
(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 the
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.

113. Scope of exclusive rights in pictorial, graphic, and sculptural
works45
(a) Subject to the provisions of subsections (b) and (c) of this section,
the exclusive right to reproduce a copyrighted pictorial, graphic, or
sculptural work in copies under section 106, includes the right to reproduce
the work in or on any kind of article, whether useful or otherwise.
(b) This title does not afford, to the owner of copyright in a work that
portrays a useful article as such, any greater or lesser rights with respect
to the making, distribution, or display of the useful article so portrayed
than those afforded to such works under the law, whether title 17 or the
common law or statutes of a State, in effect on December 31, 1977, as held
applicable and construed by a court in an action brought under this title.
(c) In the case of a work lawfully reproduced in useful articles that have
been offered for sale or other distribution to the public, copyright does
not include any right to prevent the making, distribution, or display of
pictures or photographs of such articles in connection with advertisements
or commentaries related to the distribution or display of such articles, or
in connection with news reports.
(d)(1) In a case in which-
(A) 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
(B) the author consented to the installation of the work in the building
either before the effective date set forth in section 610(a) of the Visual
Artists Rights Act of 1990, or in a written instrument executed on or after
such effective date that is signed by the owner of the building and the
author and that specifies that installation of the work may subject the work
to destruction, distortion, mutilation, or other modification, by reason of
its removal, then the rights conferred by paragraphs (2) and (3) of section
106A(a) shall not apply.
(2) If the owner of a building wishes to remove a work of visual art which
is a part of such building and which can be removed from the building
without the destruction, distortion, mutilation, or other modification of
the work as described in section 106A(a)(3), the author's rights under
paragraphs (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 of the owner's intended action affecting the work of
visual art, or
(B) the owner did provide such notice in writing and the person so notified
failed, within 90 days after receiving such notice, either to remove the
work or to pay for its removal.
For purposes of subparagraph (A), an owner shall be presumed to have made a
diligent, good faith attempt to send notice if the owner sent such notice by
registered mail to the author at the most recent address of the author that
was recorded with the Register of Copyrights pursuant to paragraph (3). If
the work is removed at the expense of the author, title to that copy of the
work shall be deemed to be in the author.
(3) The Register of Copyrights shall establish a system of records whereby
any author of a work of visual art that has been incorporated in or made
part of a building, may record his or her identity and address with the
Copyright Office. The Register shall also establish procedures under which
any such author may update the information so recorded, and procedures under
which owners of buildings may record with the Copyright Office evidence of
their efforts to comply with this subsection.

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