Copyrights to establish a system permitting an author of a work of visual art to record his or her identity and address with the U.S. Copyright Office. Congress also instructed the Office to establish a system permitting building owners to record statements concerning their efforts to notify authors of their intent to remove a work of visual art from a building See 17 U.S.C. § 113(d)(3).
In response to this directive, the Office created the Visual Arts Registry. It is intended to benefit both "authors seeking to protect their rights" and "building owners attempting diligently, and in good faith, to notify these authors of proposed removals." H.R. Rep. No. 101-514, at 21 (1990), reprinted in 1990 U.S.C.C.A.N. at 6930-31.
2314.4 Registration Distinguished from the Visual Arts Registry
Recording a Visual Arts Registry Statement is optional, but it is not a substitute for registering the copyright in a work of visual art. In particular, it does not provide authors or copyright owners with the ability to claim statutory damages or attorney's fees under Section 412 of the Copyright Act. Nor does it create a presumption concerning the validity of the copyright in a work of visual art.
Likewise, recording a Visual Arts Registry Statement is not a substitute for recording a document that transfers ownership of the copyright in that work, such as an assignment, exclusive license, security interest, or other type of transfer. If the copyright in a work of visual art has been transferred, that document should be recorded as a transfer of ownership under Section 205 of the Copyright Act, rather than recording a statement on the Visual Art Registry.
See General Provisions — Registry of Visual Art Incorporated in Buildings, 56 Fed. Reg. 38,340, 38,341 (Aug. 13, 1991).
2314.5 Recordation Requirements for a Visual Arts Registry Statement
A Visual Arts Registry Statement may be recorded with the Office, provided that the following requirements have been met:
• The statement is designated as a "Visual Arts Registry Statement."
• The statement pertains to a work of visual art that has been incorporated in a building. See 37 C.F.R. § 201.25(f).
• The statement is submitted together with the correct filing fee. See 37 C.F.R. § 201.25(c), (d).
As a general rule, the recordation specialist will not examine the statement or verify the accuracy or completeness of the information set forth therein. However, the specialist may refuse to record a statement if it is illegible or if it does not pertain to a work of visual art that has been incorporated in a building. See 37 C.F.R. § 201.25(f); see also General Provisions — Registry of Visual Art Incorporated in Buildings, 56 Fed. Reg. 38,340, 38,341 (Aug. 13, 1991).
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