§106A Rights of certain authors to attribution and integrity

Summary

Gives the creator of a visual artwork the personal right to be named as its author and to stop anyone from using their name on a work they did not make. The creator can also stop someone from using their name if the work is changed in a way that hurts the creator’s honor or reputation. The creator can prevent intentional changes or destruction that would harm their honor or destroy a work of recognized importance. Only the artist who made the work has these rights, and joint creators share them. Normal aging, material wear, routine conservation, or regular display (like lighting or placement) are not treated as harmful changes unless caused by gross negligence. The rights do not apply to uses that are allowed for certain items listed in the definition of “work of visual art” in section 101. For works made on or after the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, these rights last for the author’s life. For works made before that effective date whose title had not been transferred by then, the rights last the same time as the rights in section 106. For joint works, the rights last until the last surviving author dies, and all rights end at the end of that calendar year. These rights cannot be sold, but an author can give them up by signing a written waiver that names the work and the uses covered; one coauthor’s signed waiver applies to all coauthors. Owning a copy of the work or the copyright is separate from these personal rights, and selling a copy or copyright does not by itself give up these rights.