Handout 1

Visual Artists Rights Act

106A. Rights of certain authors to attribution and integrity

(a) RIGHTS OF ATTRIBUTION AND INTEGRITY

The author of a work of visual art –

shall have the right:

• to claim authorship of that 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

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

shall have the right:

to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and

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.

SCOPE AND EXERCISE OF RIGHTS

Only the author of a work of visual art has the rights conferred by subsection (a) in that work, whether or not the author is the copyright owner. The authors of a joint work of visual art are co-owners of the rights conferred by subsection (a) in that work.

EXCEPTIONS

The modification of a work of visual art which is the result of the passage of time or the inherent nature of materials is not a distortion, mutilation, or other modification described in subsection (a)(3)(A)

The modification of a work of visual art which is the result of conservation, or of the public presentation, including lighting and placement, of the work is not a destruction, distortion, mutilation, or other modification described in subsection unless the modification is caused by gross negligence.

The rights described in paragraphs 1 and 2 of subsection a shall not apply to any reproduction, depiction, portrayal, or other use of a work in, upon, or in any connection with any item described is A or B of the definition of “work of visual art” in section 101, and any such reproduction, depiction, portrayal, or other use of a work is not a destruction, distortion, mutilation, or other modification.