Visual Artists Rights Act of 1990

== — VISUAL ARTISTS RIGHTS==

{{SECTION|SEC. 601.|SEC. 601}}. SHORT TITLE.

 * This title may be cited as the ``Visual Artists Rights Act of 1990´´.

{{SECTION|SEC. 602.|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:

{{SECTION|SEC. 603.|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:


 * (b) CONFORMING AMENDMENT.—
 * The table of sections at the beginning of chapter 1 of title 17, United States Code, is amended by inserting after the item relating to section 106 the following new item:


 * ``106A. Rights of Certain Authors to Attribution and Integrity.´´.

{{SECTION|SEC. 604.|SEC. 604}}. REMOVAL OF WORKS OF VISUAL ART FROM BUILDINGS.

 * Section 113 of title 17, United States Code, is amended by adding at the end thereof the following:

{{SECTION|SEC. 605.|SEC. 605}}. PREEMPTION.

 * Section 301 of title 17, United States Code, is amended by adding at the end the following:

{{SECTION|SEC. 606.|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 REMEDIES.—
 * (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´´.

{{SECTION|SEC. 607.|SEC. 607}}. FAIR USE.

 * Section 107 of title 17, United States Code, is amended by striking out ``section 106´´ and inserting in lieu thereof ``sections 106 and 106A´´.

{{SECTION|SEC. 608.|SEC. 608}}. STUDIES BY COPYRIGHT OFFICE.

 * (a) STUDY ON WAIVER OF RIGHTS PROVISION.—
 * (1) STUDY.—
 * The Register of Copyrights shall conduct a study on the extent to which rights conferred by subsection (a) of section 106A of title 17, United States Code, have been waived under subsection (e)(1) of such section.


 * (2) REPORT TO CONGRESS.—
 * Not later than 2 years after the date of the enactment of this Act, the Register of Copyrights shall submit to the Congress a report on the progress of the study conducted under paragraph (1). Not later than 5 years after such date of enactment, the Register of Copyrights shall submit to the Congress a final report on the results of the study conducted under paragraph (1), and any recommendations that the Register may have as a result of the study.


 * (b) STUDY ON RESALE ROYALTIES.—
 * (1) NATURE OF STUDY.—
 * The Register of Copyrights, in consultation with the Chair of the National Endowment for the Arts, shall conduct a study on the feasibility of implementing—
 * (A) a requirement that, after the first sale of a work of art, a royalty on any resale of the work, consisting of a percentage of the price, be paid to the author of the work; and


 * (B) other possible requirements that would achieve the objective of allowing an author of a work of art to share monetarily in the enhanced value of that work.


 * (2) GROUPS TO BE CONSULTED.—
 * The study under paragraph (1) shall be conducted in consultation with other appropriate departments and agencies of the United States, foreign governments, and groups involved in the creation, exhibition, dissemination, and preservation of works of art, including artists, art dealers, collectors of fine art, and curators of art museums.


 * (3) REPORT TO CONGRESS.—
 * Not later than 18 months after the date of the enactment of this Act, the Register of Copyrights shall submit to the Congress a report containing the results of the study conducted under this subsection.

{{SECTION|SEC. 609.|SEC. 609}}. FIRST AMENDMENT APPLICATION.

 * This title does not authorize any governmental entity to take any action or enforce restrictions prohibited by the First Amendment to the United States Constitution.

{{SECTION|SEC. 610.|SEC. 610}}. EFFECTIVE DATE.

 * (a) IN GENERAL.—
 * Subject to subsection (b) and except as provided in subsection (c), this title and the amendments made by this title take effect 6 months after the date of the enactment of this Act.


 * (b) APPLICABILITY.—
 * The rights created by section 106A of title 17, United States Code, shall apply to—
 * (1) works created before the effective date set forth in subsection (a) but title to which has not, as of such effective date, been transferred from the author, and


 * (2) works created on or after such effective date, but shall not apply to any destruction, distortion, mutilation, or other modification (as described in section 106A(a)(3) of such title) of any work which occurred before such effective date.


 * (c) SECTION 608.—
 * Section 608 takes effect on the date of the enactment of this Act.

