17 U.S.C. § 113 : US Code - Section 113: Scope of exclusive rights in pictorial, graphic, and sculptural works

Search 17 U.S.C. § 113 : US Code - Section 113: Scope of exclusive rights in pictorial, graphic, and sculptural works

(a) Subject to the provisions of subsections (b) and (c) of this
section, the exclusive right to reproduce a copyrighted pictorial,
graphic, or sculptural work in copies under section 106 includes
the right to reproduce the work in or on any kind of article,
whether useful or otherwise.
(b) This title does not afford, to the owner of copyright in a
work that portrays a useful article as such, any greater or lesser
rights with respect to the making, distribution, or display of the
useful article so portrayed than those afforded to such works under
the law, whether title 17 or the common law or statutes of a State,
in effect on December 31, 1977, as held applicable and construed by
a court in an action brought under this title.
(c) In the case of a work lawfully reproduced in useful articles
that have been offered for sale or other distribution to the
public, copyright does not include any right to prevent the making,
distribution, or display of pictures or photographs of such
articles in connection with advertisements or commentaries related
to the distribution or display of such articles, or in connection
with news reports.
(d)(1) In a case in which -
(A) a work of visual art has been incorporated in or made part
of a building in such a way that removing the work from the
building will cause the destruction, distortion, mutilation, or
other modification of the work as described in section
106A(a)(3), and
(B) the author consented to the installation of the work in the
building either before the effective date set forth in section
610(a) of the Visual Artists Rights Act of 1990, or in a written
instrument executed on or after such effective date that is
signed by the owner of the building and the author and that
specifies that installation of the work may subject the work to
destruction, distortion, mutilation, or other modification, by
reason of its removal,
then the rights conferred by paragraphs (2) and (3) of section
106A(a) shall not apply.
(2) If the owner of a building wishes to remove a work of visual
art which is a part of such building and which can be removed from
the building without the destruction, distortion, mutilation, or
other modification of the work as described in section 106A(a)(3),
the author's rights under paragraphs (2) and (3) of section 106A(a)
shall apply unless -
(A) the owner has made a diligent, good faith attempt without
success to notify the author of the owner's intended action
affecting the work of visual art, or
(B) the owner did provide such notice in writing and the person
so notified failed, within 90 days after receiving such notice,
either to remove the work or to pay for its removal.
For purposes of subparagraph (A), an owner shall be presumed to
have made a diligent, good faith attempt to send notice if the
owner sent such notice by registered mail to the author at the most
recent address of the author that was recorded with the Register of
Copyrights pursuant to paragraph (3). If the work is removed at the
expense of the author, title to that copy of the work shall be
deemed to be in the author.
(3) The Register of Copyrights shall establish a system of
records whereby any author of a work of visual art that has been
incorporated in or made part of a building, may record his or her
identity and address with the Copyright Office. The Register shall
also establish procedures under which any such author may update
the information so recorded, and procedures under which owners of
buildings may record with the Copyright Office evidence of their
efforts to comply with this subsection.