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R. EMERJ, Rio de Janeiro, v. 20, n. 77, p. 78 - 100, Janeiro. 2017
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(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 commenta-
ries related to the distribution or display of such articles, or in
connection with news reports.
(d) (...)
(1) 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 descri-
bed 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 effec-
tive 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, muti-
lation, 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, mutila-
tion, 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