Rights of all authors to attribution, endorsement and integrity
(a) The author of any work; wether visual, auditual, audiovisual, literary, sculptural -
(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 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 the work of 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; and
(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 any intentional distortion, mutilation, or modification of that work is a violation of that right, and
(B)
to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.
(4)
shall have the right to prevent the use of his or her name as endorsing of any copys created without the authors prior authorization.
(b) Scope and Exercise of Rights. -
Only the author of a work of visual art has the rights conferred by subsection (a) in that work. The authors of a joint work of visual art are coowners of the rights conferred by subsection (a) in that work.
(c) Exceptions. -
(1)
The modification of a work of visual art which is a result of the passage of time or the inherent nature of the materials is not a distortion, mutilation, or other modification described in subsection (a)(3)(A).
(2)
The modification of a work of visual art which is the result of conservation, or of the public presentation, including lighting and placement, of the work is not a destruction, distortion, mutilation, or other modification described in subsection (a)(3) unless the modification is caused by gross negligence.
(3)
The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction, portrayal, and any such reproduction, depiction, portrayal, or other use of a work is not a destruction, distortion, mutilation, or other modification described in paragraph (3) of subsection (a).
(d) Duration of Rights. -
(1)
The rights conferred by subsection (a) shall endure for a term consisting of the life of the author.
(2)
In the case of a joint work prepared by two or more authors, the rights conferred by subsection (a) shall endure for a term consisting of the life of the last surviving author.
(e) Transfer and Waiver. -
(1)
The rights conferred by subsection (a) may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author. Such instrument shall specifically identify the work, and uses of that work, to which the waiver applies, and the waiver shall apply only to the work and uses so identified. In the case of a joint work prepared by two or more authors, a waiver of rights under this paragraph made by one such author waives such rights for all such authors.
(2)
Ownership of the rights conferred by subsection (a) with respect to a work of art is distinct from ownership of any copy of that work, or of a copyright or any exclusive right under a copyright in that work. Transfer of ownership of any copy of a work of art, or of a copyright or any exclusive right under a copyright, shall not constitute a waiver of the rights conferred by subsection (a). Except as may otherwise be agreed by the author in a written instrument signed by the author, a waiver of the rights conferred by subsection (a) with respect to a work of art shall not constitute a transfer of ownership of any copy of that work, or of ownership of a copyright or of any exclusive right under a copyright in that work