§106A Rights of Certain Authors to Attribution and Integrity

Summary

Gives artists of visual works the right to be named and to protect the look of their art. An author can require that their name be used as the creator and can stop anyone from using their name on a work they did not make. An artist can block use of their name if the work is changed in a way that harms their honor or reputation. The artist can also stop intentional changes that would hurt their reputation, and can stop the intentional or grossly careless destruction of a work that is considered to have recognized stature. These protections are subject to the limits in section 113(d). Only the artist (or joint artists) has these rights, even if someone else owns the physical piece or the copyright. Normal aging or changes from the materials are not treated as harmful changes. Conservation work or showing the piece (like lighting or placement) is allowed unless it causes harm through gross negligence. Uses of the work on certain kinds of mass-produced items listed in the law are not covered. For works made on or after the VARA effective date in section 610(a), the rights last for the artist’s life. For earlier works still owned by the artist on that effective date, the rights last as long as the copyright rights and end then. Joint works last until the last surviving author dies, and all terms end at the close of the calendar year in which they would otherwise expire. These rights cannot be sold, but an author can give them up in writing. Any written waiver must name the work and the uses it covers. A waiver by one joint author waives the rights for all. Ownership of these rights is separate from owning a copy of the work or the copyright.