(Added Pub. L. 101–650, title VI, § 603(a),Dec. 1, 1990, 104 Stat. 5128.)
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.
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
of this title, and enacting provisions set out as notes under this section and section
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
, 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
, provided that:
“(a) Study on Waiver of Rights Provision.—
“(1) Study.—The Register of Copyrights shall conduct a study on the extent to which rights conferred by subsection (a) ofsection
of title 17, United States Code, have been waived under subsection (e)(1) of such section.
“(2) Report to congress.—Not later than 2 years after the date of the enactment of this Act [Dec. 1, 1990], the Register of Copyrights shall submit to the Congress a report on the progress of the study conducted under paragraph (1). Not later than 5 years after such date of enactment, the Register of Copyrights shall submit to the Congress a final report on the results of the study conducted under paragraph (1), and any recommendations that the Register may have as a result of the study.
“(b) Study on Resale Royalties.—
“(1) Nature of study.—The Register of Copyrights, in consultation with the Chair of the National Endowment for the Arts, shall conduct a study on the feasibility of implementing—
“(A) a requirement that, after the first sale of a work of art, a royalty on any resale of the work, consisting of a percentage of the price, be paid to the author of the work; and
“(B) other possible requirements that would achieve the objective of allowing an author of a work of art to share monetarily in the enhanced value of that work.
“(2) Groups to be consulted.—The study under paragraph (1) shall be conducted in consultation with other appropriate departments and agencies of the United States, foreign governments, and groups involved in the creation, exhibition, dissemination, and preservation of works of art, including artists, art dealers, collectors of fine art, and curators of art museums.
“(3) Report to congress.—Not later than 18 months after the date of the enactment of this Act [Dec. 1, 1990], the Register of Copyrights shall submit to the Congress a report containing the results of the study conducted under this subsection.”