(a) Rights of Attribution and Integrity.  The author of a work of visual art shall have the right- 

• to claim authorship of the work, and

• 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.

• to prevent the use of his or her name as the author of the work of visual art in the event of distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and

• to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, (subject to the limitations set for in section 113(d)) and

• any intentional distortion, mutilation, or modification of that work is a violation of that right,

• 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.

Duration of rights

• The rights of the artist as to works created on or after the effective date of the VARA exist until the end of the calendar year in which the artist dies.

• Those works created prior to the effective date of VARA and when the title has not passed from the artist prior to that date, the rights last for the duration of copyright.

• The rights to works created by joint artists expire at the end of the calendar year of the death of the last surviving artist.

• The rights granted to artists cannot be transferred to another party.  They are granted only to the artist.  The transfer of title to the actual work of visual art does not operate as a transfer or waiver of any of these rights unless there is an express, written waiver by the artist.  Conversely, the waiver of any of these rights does not operate as a transfer of title to the underlying work nor to any rights of copyright in the underlying work unless the artist expressly agrees in writing.

The following kinds of art are NOT a "work of visual art":

• Posters, maps, globes, charts, technical drawings, diagrams, models, applied art, motions pictures or other audiovisual works, books, magazines, newspapers, periodicals, data bases, electronic information services, electronic publications, or similar publications; any merchandising items or advertising, promotional, descriptive, covering, or packaging material or container; any portion or part of any item described above; any work made for hire; or any work not subject to copyright protection under this title.

Definition:

• Work of Visual Art -- 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 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.

05/04/2005