Editorial Notes

References in Text

Section 610(a) of the Visual Artists Rights Act of 1990 [Pub. L. 101–650], referred to in subsec. (d), is set out as an Effective Date note below.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 101–650, title VI, § 610, Dec. 1, 1990, 104 Stat. 5132, provided that:

“(a)

In General.—

Subject to subsection (b) and except as provided in subsection (c), this title [enacting this section, amending sections 101, 107, 113, 301, 411, 412, 501, and 506 of this title, and enacting provisions set out as notes under this section and section 101 of this title] and the amendments made by this title take effect 6 months after the date of the enactment of this Act [Dec. 1, 1990].

“(b)

Applicability.—

The rights created by section 106A of title 17, United States Code, shall apply to—

“(1)

works created before the effective date set forth in subsection (a) but title to which has not, as of such effective date, been transferred from the author, and

“(2)

works created on or after such effective date, but shall not apply to any destruction, distortion, mutilation, or other modification (as described in section 106A(a)(3) of such title) of any work which occurred before such effective date.

“(c)

Section 608.—

Section 608 [set out below] takes effect on the date of the enactment of this Act.”

Studies by Copyright Office

Pub. L. 101–650, title VI, § 608, Dec. 1, 1990, 104 Stat. 5132, directed the Register of Copyrights to study the extent to which authorship rights have been waived by visual artists under this section and to submit a final report to Congress not later than 5 years after Dec. 1, 1990, and also directed the Register of Copyrights to study the feasibility of implementing a requirement that, after the first sale of a work of art, would enable authors of visual art to share monetarily in the resale and enhanced value of that work, with a report to Congress due not later than 18 months after Dec. 1, 1990.