[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR201.25]
[Page 388-389]
TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
CONGRESS
PART 201--GENERAL PROVISIONS--Table of Contents
Sec. 201.25 Visual Arts Registry.
(a) General. This section prescribes the procedures relating to the
submission of Visual Arts Registry Statements by visual artists and
owners of buildings, or their duly authorized representatives, for
recordation in the Copyright Office under section 113(d)(3) of title 17
of the United States Code, as amended by Public Law 101-650, effective
June 1, 1991. Statements recorded in the Copyright Office under this
regulation will establish a public record of information relevant to an
artist's integrity right to prevent destruction or injury to works of
visual art incorporated in or made part of a building.
(b) Forms. The Copyright Office does not provide forms for the use
of persons recording statements regarding works of visual art that have
been incorporated in or made part of a building.
(c) Recordable statements--(1) General. Any statement designated as
a ``Visual Arts Regulatory Statement'' and which pertains to a work of
visual art that has been incorporated in or made part of a building may
be recorded in the Copyright Office provided the statement is
accompanied by the fee for recordation of documents specified in section
708(a)(4) of title 17 of the United States Code. Upon their submission,
the statements and an accompanying documentation or photographs become
the property of the United States Government and will not be returned.
Photocopies are acceptable if they are clear and legible. Information
contained in the Visual Arts Registry Statement should be as complete as
possible since the information may affect the enforceability of valuable
rights under the copyright law. Visual Arts Registry Statements which
are illegible or fall outside of the scope of section 113(d)(3) of title
17 may be refused recordation by the Copyright Office.
(2) Statements by artists. Statements by artists regarding a work of
visual art incorporated or made part of a building should be filed in a
document containing the head: ``Registry of Visual Art Incorporated in a
Building--Artist's Statement.'' The statement should contain the
following information:
(i) Identification of the artist, including name, current address,
age, and telephone number, if publicly listed.
(ii) Identification of the work or works, including the title,
dimensions, and physical description of the work and the copyright
registration number, if known. Additionally, it is recommended that one
or more 8 x 10 photographs of the work on good quality photographic
paper be included in the submission; the images should be clear and in
focus.
(iii) Identification of the building, including its name and
address. This identification may additionally include 8 x 10 photographs
of the building and the location of the artist's work in the building.
(iv) Identification of the owner of the building, if known.
(3) Statements by the owner of the building. Statements of owners of
a building which incorporates a work of visual art should be filed in a
document containing the heading: ``Registry of Visual Art Incorporated
in a Building--Building Owner's Statement.'' The statement should
contain the following information:
[[Page 389]]
(i) Identification of the ownership of the building, the name of a
person who represents the owner, and a telephone number, if publicly
listed.
(ii) Identification of the building, including the building's name
and address. This identification may additionally include 8 x 10
photographs of the building and of the works of visual art which are
incorporated in the building.
(iii) Identification of the work or works of visual art incorporated
in the building, including the works' title(s), if known, and the
dimensions and physical description of the work(s). This identification
may include one or more 8 x 10 photographs of the work(s) on high
quality photographic paper; the images should be clear and in focus.
(iv) Identification of the artist(s) who have works incorporated in
the building, including the current address of each artist, if known.
(v) Photocopy of contracts, if any, between the artist and owners of
the building regarding the rights of attribution and integrity.
(vi) Statement as to the measures taken by the owner to notify the
artist(s) of the removal or pending removal of the work of visual art,
and photocopies of any accompanying documents.
(4) Updating statements. Either the artist or owner of the building
or both may record statements updating previously recorded information
by submitting an updated statement and paying the recording fee
specified in paragraph (d) of this section. Such statements should
repeat the information disclosed in the previous filing as regarding the
name of the artist(s), the name of the work(s) of visual art, the name
and address of the building, and the name of the owner(s) of the
building. The remaining portion of the statement should correct or
supplement the information disclosed in the previously recorded
statement.
(d) Fee. The fee for recording a Visual Arts Registry statement, a
Building Owner's Statement, or an updating statement is the recordation
fee for a document, as prescribed in Sec. 201.3(c).
(e) Date of recordation. The date of recordation is the date when
all of the elements required for recordation, including the prescribed
fee have been received in the Copyright Office. After recordation of the
statement, the sender will receive a certificate of record from the
Copyright Office. Any documentation or photographs accompanying any
submission will be retained and filed by the Copyright Office. They may
also be transferred to the Library of Congress, or destroyed after
preparing suitable copies, in accordance with usual procedures.
(f) The Copyright Office will record statements in the Visual Arts
Registry without examination or verification of the accuracy or
completeness of the statement, if the statement is designated as a
``Visual Arts Registry Statement'' and pertains to a work of visual art
incorporated in or made part of a building. Recordation of the statement
and payment of the recording fee shall establish only the fact of
recordation in the official record. Acceptance for recordation shall not
be considered a determination that the statement is accurate, complete,
and otherwise in compliance with section 113(d), title 17, U.S. Code.
The accuracy and completeness of the statement is the responsibility of
the artist or building owner who submits it for recordation. Artists and
building owners are encouraged to submit accurate and complete
statements. Omission of any information, however, shall not itself
invalidate the recordation, unless a court of competent jurisdiction
finds the statement is materially deficient and fails to meet the
minimum requirements of section 113(d) of title 17, U.S. Code.
[56 FR 38341, Aug. 13, 1991, as amended at 64 FR 29522, June 1, 1999]