Summary: S.1198 — 101st Congress (1989-1990)All Information (Except Text)

There is one summary for S.1198. Bill summaries are authored by CRS.

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Introduced in Senate (06/16/1989)

Visual Artists Rights Act of 1989 - Amends the copyright law to define a "work of visual art." Grants the author of a work of visual art the right to claim authorship of such work when publicly displayed, independent of other exclusive rights, and to disclaim such authorship because of substantial distortion or alteration that harms his or her reputation. Grants such an author the right to prevent any destruction, distortion, mutilation, or other modification of that work which would harm his or her reputation or honor. Grants the author who is not a copyright owner such rights only during his or her lifetime. Extends such rights 50 years beyond the author's death with respect to visual art works created as of the effective date of this Act.

Waives artists' rights when a work cannot be removed from a building without distortion, mutilation, or alteration, unless such rights are expressly reserved by an instrument in writing.

Directs the Register of Copyrights to establish a recordation system for authors of visual art works that have been incorporated into a building. Declares that this Act preempts equivalent rights under State law. Includes within the scope of copyright infringement violations the rights conferred by this Act. Declares that: (1) criminal infringement penalties do not apply to such violations; and (2) registration is not a prerequisite to copyright infringement actions for violations of this Act.

Stipulates when a claim accrues for purposes of an action for copyright infringement by an author of a work of visual art.

Directs the Register of Copyrights to report to the Congress the results of a feasibility study regarding new requirements enabling authors of works of visual art to participate in the commercial exploitation of their work after its first sale. Requires submission of such report within 18 months after enactment of this Act.