‘‘(6) ELIGIBILITY TO RECEIVE ROYALTY PAY-
MENT.—The royalty shall be paid to— 
‘‘(A) any author of a work of visual art— 
‘‘(i) who is a citizen of or domiciled in 
the United States; 
‘‘(ii) who is a citizen of or domiciled 
in a country that provides resale royalty 
rights; or 
‘‘(iii) whose work of visual art is first 
created in the United States or in a coun-
try that provides resale royalty rights; or 
‘‘(B) the successor as copyright owner of 
an author described in subparagraph (A).’’. 
SEC. 4. NOTICE OF COPYRIGHT. 
Section 401 of title 17, United States Code, is 
amended by adding at the end the following: 
‘‘(e) NON-APPLICABILITY
TO WORKS
OF VISUAL 
ART.—The provisions of this section shall not apply to a 
work of visual art.’’. 
SEC. 5. COPYRIGHT OFFICE. 
Section 701(b) of title 17, United States Code, is 
amended by— 
(1) redesignating paragraph (5) as paragraph 
(6); and 
(2) inserting after paragraph (4) the following: 
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‘‘(5) Issue regulations governing visual artists’ 
copyright collecting societies described in section 
106, that— 
‘‘(A) establish a process by which an entity 
is determined to be and designated as a visual 
artists’ copyright collecting society, that— 
‘‘(i) requires that a visual artists’ 
copyright collecting society authorized to 
administer royalty collections and distribu-
tions under this title shall— 
‘‘(I) have prior experience in li-
censing the copyrights of authors of 
works of visual art in the United 
States; or 
‘‘(II) have been authorized by not 
fewer than 10,000 authors of works of 
visual art, either directly or through 
reciprocal agreements with foreign 
collecting societies, to license the 
rights granted under section 106; and 
‘‘(ii) prohibits an entity from being 
designated as a visual artists’ copyright 
collecting society if, during a period of not 
less than 5 years that begins after the date 
on which the entity is designated as a vis-
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ual artists’ copyright collecting society, the 
entity does not distribute directly to each 
author, or to the successor as copyright 
owner of each author, the amount of the 
royalties required to be distributed under 
section 106(b)(3)(B); 
‘‘(B) determine a reasonable amount of ad-
ministrative expenses that a visual artists’ copy-
right collecting society may deduct from the 
royalties payable to an author of a work of vis-
ual art under section 106(b)(3); and 
‘‘(C) establish a process by which— 
‘‘(i) not less frequently than annually, 
a visual artists’ copyright collecting society 
may request from any entity that conducts 
auctions a list of each work of visual art 
sold in those auctions that is by an author 
represented by the collecting society; and 
‘‘(ii) an author of a work of visual art 
may obtain from a visual artists’ copyright 
collecting society any information re-
quested by the collecting society under 
clause (i) that relates to a sale of a work 
of visual art by the author, including the 
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