Check a contributor consent against visual-artists rights

Key facts

Human involvement

Yellow · Close supervision

How AI is used

From the consent the lawyer supplies, list the work as the document describes it, the author named, the uses the document lists, and whether the author has signed it. Do not say the consent is effective.

What the lawyer must review

17 U.S.C. § 106A(a) gives the author of a work of visual art, subject to § 107 and independent of the exclusive rights in § 106, rights of attribution and integrity, including the right to claim authorship, to prevent use of the author's name on a work of visual art the author did not create, to prevent use of the author's name on a distorted or modified work when the use would be prejudicial to honor or reputation, and, subject to § 113(d), to prevent intentional distortion, mutilation or modification prejudicial to honor or reputation and destruction of a work of recognized stature. Section 106A(b) gives those rights only to the author, whether or not the author owns the copyright. Section 106A(e)(1) provides that the rights may not be transferred, and may be waived only if the author expressly agrees in a written instrument signed by the author that specifically identifies the work and the uses to which the waiver applies. A waiver applies only to the work and uses so identified. Transfer of a copy or of copyright is not a waiver under § 106A(e)(2). You decide whether the work is a work of visual art under § 101 and whether the paper waives anything.

Written for / version

United States versionUS