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Equity for Visual Artists Act of 2011

Equity for Visual Artists Act of 2011

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H.R. 3688, a bill introduced by Congressman Jerrold Nadler, D-NY, to provide living artists with resale royalties for works sold at major auction houses.
H.R. 3688, a bill introduced by Congressman Jerrold Nadler, D-NY, to provide living artists with resale royalties for works sold at major auction houses.

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Published by: Lee Rosenbaum, CultureGrrl on Dec 20, 2011
Copyright:Attribution Non-commercial

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03/25/2014

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.....................................................................(Original Signature of Member)
112
TH
CONGRESS1
ST
S
ESSION
 
H. R.
 ll 
 
To amend the copyright law to secure the rights of artists of works of  visual art to provide for royalties, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. N
 ADLER
introduced the following bill; which was referred to theCommittee on
 llllllllllllll 
 
A BILL
 
To amend the copyright law to secure the rights of artistsof works of visual art to provide for royalties, and forother purposes.
 Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Equity for Visual Art-
4
ists Act of 2011’’.
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SEC. 2. DEFINITIONS.
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Section 101 of title 17, United States Code, is
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amended by—
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2(1) inserting after the definition of ‘‘architec-
1
tural work’’ the following:
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‘‘For purposes of section 106(b), ‘auction’ means a
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public sale run by an entity that sells to the highest
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 bidder works of visual art in which the cumulative
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amount of such works sold during the previous year
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is more than $25,000,000 and does not solely con-
7
duct the sale of visual art by the entity on the Inter-
8
net.’’.
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(2) inserting after the definition of ‘‘proprietor’’
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and prior to the definition of ‘‘pseudonymous work’’
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the following:
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‘‘For purposes of section 106(b), ‘price’ is the aggre-
13
gate of all installments paid in cash or in-kind by or
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on behalf of a purchaser for a work as the result of 
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auction of that work.’’;
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(3) inserting at the end of the definition of 
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‘‘Publication’’ the following: ‘‘For purposes of sec-
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tion 106(b), in the case of a work of visual art as
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defined in this section, a publication does not include
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photographic reproductions or other images of the
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 work, including castings of a sculptural work, made
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or distributed prior to January 1, 1978, in connec-
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tion with the exhibition of such work by a gallery or
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museum, whether for purposes of sale of the original
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3 work, or in connection with any publication author-
1
ized by a gallery or museum in possession of the
2
 work regardless of whether such publication was
3
 with the consent of the author. In no other cir-
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cumstances is a work of visual art considered to
5
have been published prior to January 1, 1978, un-
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less such publication has been authorized by the ex-
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press written consent of the author of such work.’’;
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(4) inserting after the definition of ‘‘registra-
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tion’’ and prior to the definition of ‘‘sound record-
10
ings’’ the following:
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‘‘For purposes of sections 106(b) and 701(b)(5),
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‘sale’ means transfer of ownership or physical pos-
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session of a work as the result of the auction of that
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 work.’’; and
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(5) amending paragraph (1) of the definition of 
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a ‘‘work of visual art’’ to read as follows:
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‘‘(1) a painting, drawing, print, sculpture, or
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photograph, existing either in the original embodi-
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ment or in a limited edition of 200 copies or fewer
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that bear the signature or other identifying mark of 
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the author and are consecutively numbered by the
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author, or, in the case of a sculpture in multiple
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cast, carved, or fabricated sculptures of 200 or fewer
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that are consecutively numbered by the author and
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