Page:United States Statutes at Large Volume 104 Part 6.djvu/741

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PUBLIC LAW 101-650—DEC. 1, 1990 104 STAT. 5131 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.". SEC. 605. PREEMPTION. Section 301 of title 17, United States Code, is amended by adding at the end the following: "(f)(1) On or after the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, all legal or equitable rights that are equivalent to any of the rights conferred by section 106A with respect to works of visual art to which the rights conferred by section 106A apply are governed exclusively by section 106A and section 113(d) and the provisions of this title relating to such sections. Thereafter, no person is entitled to any such right or equivalent right in any work of visual art under the common law or statutes of any State. "(2) Nothing in paragraph (1) annuls or limits any rights or remedies under the common law or statutes of any State with respect to— "(A) any cause of action from undertakings commenced before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990; "(B) activities violating legal or equitable rights that are not equivalent to any of the rights conferred by section 106A with respect to works of visual art; or "(C) activities violating legal or equitable rights which extend beyond the life of the author.". SEC. 606. INFRINGEMENT ACTIONS. (a) IN GENERAL.— Section 501(a) of title 17, United States Code, is amended— (1) by inserting after "118" the following: "or of the author as provided in section 106A(a)"; and (2) by striking out "copyright." and inserting in lieu thereof "copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by • section 106A(a).". (b) EXCLUSION OF CRIMINAL PENALTIES.—Section 506 of title 17, United States Code, is amended by adding at the end thereof the following: "(f) RIGHTS OF ATTRIBUTION AND INTEGRITY. —Nothing in this section applies to infringement of the rights conferred by section 106A(a).". (c) REGISTRATION NOT A PREREQUISITE TO SUIT AND CERTAIN REM- EDIES. —(1) Section 411(a) of title 17, United States Code, is amended in the first sentence by inserting after "United States" the following: "and an action brought for a violation of the rights of the author under section 106A(a)". (2) Section 412 of title 17, United States Code, is amended by inserting "an action brought for a violation of the rights of the author under section 106A(a) or" after "other than".