[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]