Page:United States Statutes at Large Volume 104 Part 6.djvu/738

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104 STAT. 5128 PUBLIC LAW 101-650—DEC. 1, 1990 Visual Artists Rights Act of 1990. Copjrright. 17 USC 101 note. (2) The exemption provided in subsection (c) shall apply only to any joint discussion, consideration, review, action, or agreement engaged in only during the 3-year period beginning on the date of the enactment of this section. TITLE VI—VISUAL ARTISTS RIGHTS SEC. 601. SHORT TITLE. This title may be cited as the "Visual Artists Rights Act of 1990". SEC. 602. WORK OF VISUAL ART DEFINED. Section 101 of title 17, United States Code, is amended by inserting after the paragraph defining "widow" the following: "A 'work of visual art' is— "(1) a painting, drawing, print, or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author; or "(2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author. "A work of visual art does not include— "(A)(i) any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, data base, electronic information service, electronic publication, or similar publication; "(ii) any merchandising item or advertising, promotional, descriptive, covering, or packaging material or container; "(iii) any portion or part of any item described in clause (i) or (ii); "(B) any work made for hire; or "(C) any work not subject to copyright protection under this title.". SEC. 603. RIGHTS OF ATTRIBUTION AND INTEGRITY. (a) RIGHTS OF ATTRIBUTION AND INTEGRITY.— Chapter 1 of title 17, United States Code, is amended by inserting after section 106 the following new section: "§ 106A. Rights of certain authors to attribution and integrity "(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