§106A Rights of Certain Authors to Attribution and Integrity

Summary

Gives the creator of a visual artwork personal rights to protect their name and the work. The artist can be named as the author and can stop anyone from using their name on a work they did not make. The artist can stop their name being used if the work is changed in a way that hurts their honor or reputation. The artist can also stop intentional changes or destruction that harm their honor or reputation, and can stop the intentional or grossly negligent destruction of a work of recognized stature. Only the artist (or the joint artists) has these rights, even if someone else owns the copyright or a copy. Normal aging, wear, conservation work, or changes for display are not violations unless caused by gross negligence. Reproductions on certain useful items are not covered. For works made on or after the effective date in section 610(a) of the Visual Artists Rights Act of 1990, these rights last for the author’s life. For some older works they last as long as the copyright. For joint works they last until the last surviving author dies, and they end at the close of the calendar year when they would otherwise expire. These rights cannot be sold, but an artist can waive them in a signed written document that names the specific work and uses; a waiver by one joint author waives the rights for all. Waiving these rights does not automatically transfer ownership of any copy or the copyright unless the artist also agrees in writing.