Copyright Law Boston College Law School March 18, 2003 Rights - Moral Rights

Exclusive Rights 17 U.S.C. §106 –“Subject to sections 107 through 122, the owner of the copyright … has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work … (2) to prepare derivative works … (3) to distribute copies … to the public … (4) … to perform the copyrighted work publicly … (5) … to display the copyrighted work publicly … (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission

Moral Rights Berne Convention Article 6bis Berne Convention Implementation Act (1988) Visual Artists Rights Act (1990)

Visual Artists Rights Act 17 U.S.C. §101 –A “work of visual art” is - (1) a painting, drawing, print, or sculpture, existing in a single copy [or] in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author … or (2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author...

Visual Artists Rights Act 17 U.S.C. §106A: –(a) Subject to section 107 …, the author of a work of visual art - (1) shall have the right - –(A) to claim authorship of that work, and –(B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create; (2) shall have the right to prevent the use of his or her name as the author of a work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation

Visual Artists Rights Act 17 U.S.C. §106A: –(a) Subject to section 107 …, the author of a work of visual art -... (3) … shall have the right –(A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation … ; and –(B) to prevent any destruction of a work of recognized stature...

Visual Artists Rights Act Additional details –Right attaches regardless of ownership of copyright or the actual copies –Can be waived, but only in a signed writing –Duration is generally life of the artist –Violation leads to an action for infringement

Exam Details Format –24-hour take-home exam –Freely schedulable during exam period –Word limits –Open book

Assignment for Next Class No class on Thursday Start VII.A. - Infringement –Read through Nichols